Terms and Conditions
Snehal Kiritkumar Shah, Director of TC Remit Limited is registered agent for RIA Financial Services Australia Pty Limited. Terms & Conditions for TC Remit Limited are described below
This Agreement (as defined in Clause 11) is between you and Ltd. (“TC Remit”), whose NZBN is 9429042428152 and whose registered office is at 267 A, Onehunga Mall Road, Onehunga, Auckland, New Zealand 1061.
2.1 TC Remit will provide you with a money transfer service (“Service”) through its international network of authorized representatives (“Correspondents”) which will enable you to transfer funds (“Transfer”) to your chosen recipient (“Beneficiary”).
2.2 In order to provide the Service TC Remit requires you to place the transfer funds, including any Transfer Fee into TC Remit’s bank account (“TC Remit Account”) in the manner notified to you by TC Remit after your registration with TC Remit for the purposes of the Service. If this is in one of TC Remit’s stores or agencies then it may be by providing funds at the time of the transaction. Where the transaction is conducted by electronic communication TC Remit will advise you of the mechanism.
You agree that by placing the transfer funds into the TC Remit Account you irrevocably consent to the execution of the Transfer transaction.
- Transfer Information
4.1. The Transfer will be paid to the Beneficiary in cash or to a bank account (“Account”).
4.2. You agree to bear all fees for the Transfer, including any local taxes or services charges that apply to the Transfer in the destination country (“Transfer Fee”).
4.3. While TC Remit will try to ensure the Transfer is available for collection by the Beneficiary at the selected Correspondent’s location on the date of the transaction and during the hours of operation of the Correspondent, Transfers may be subject to delay due to circumstances outside TC Remit’s control, such as exceeding account limitations, regulatory requirements or other conditions in the destination country. Accordingly, TC Remit makes no representation regarding the exact time when the Transfer will be available for collection by the Beneficiary.
4.4. If you have directed delivery to an Account, TC Remit makes no representation as to when the bank maintaining the Account will credit the Account.
4.5. The Transfer does not constitute a deposit. Neither you nor the Beneficiary at any time hold a payment account with TC Remit.
4.6. You agree to provide TC Remit with full and accurate information to the best of your knowledge as required for the purposes of the Service. TC Remit may not make the transaction to the Beneficiary without such information. Subject to Clause 9.4, TC Remit will not be responsible for any delay or wrong payment due to incomplete or incorrect information being provided by You.
- Foreign Exchange
5.1. A Transfer will normally be made in the currency of the Beneficiary’s country. You may request that the Correspondent provides you with information on the currency or currencies available in the Beneficiary’s country.
5.2. In addition to the Transfer Fee applicable to the transaction, in cases where the Beneficiary will receive a currency other than New Zealand dollars, TC Remit will convert the currency at TC REMIT’s currency exchange rate (“TC Remit’s Exchange Rate”) at the time of the Transfer.
5.3. Any monies arising from the difference (if any) between TC Remit’s Exchange Rate and the exchange rate received by TC Remit will be kept by TC Remit and/or its Correspondents.
- Refund Information
6.1. Unless payment to the Beneficiary has already been made, TC Remit shall refund you the principal Transfer amount (at TC Remit’s Exchange Rate at the time of the Transfer) on the condition that you provide TC Remit with a copy of a valid receipt and present valid identification. A receipt is not valid unless the corresponding transaction is processed through TC Remit’s computerized system and contains the computer generated imprint of the Correspondent’s name and address and the correct order number.
6.2. TC Remit will not refund the Transfer Fee if the Transfer is stopped at your request.
- Anti-Money Laundering and Counter-Terrorism Financing
7.1. You must provide all information to TC Remit which TC Remit reasonably requires to comply with the Anti-money Laundering and Counter-terrorism Financing Act 2006 (Cth), or to comply with any laws or regulations in New Zealand or any other country.
7.2. TC Remit may delay, block or refuse to process any Transfer without incurring any liability or without informing you of the reasons if TC Remit suspects that you have breached any laws or regulations in New Zealand or in any other country.
TC Remit will make available a receipt which can be e-mailed to your nominated e-mail address or collected from any TC Remit office(s). The receipt will set out (i) a unique identifier number (to identify the Transfer), (ii) information relating to the Beneficiary, (iii) the amount of the Transfer, (iv) the charges for the Service, (v) TC Remit’s Exchange Rate (where applicable), and (vi) the date of the transaction.
9.1. Nothing in this Agreement (including without limitation this clause 9) operates to exclude, restrict or modify, or has the effect of excluding, restricting or modifying, any statutory condition, warranty, guarantee, right or remedy implied by law (including the New Zealand Consumer Law) and which cannot be excluded, restricted or modified.
9.2. If TC Remit fails to comply with a statutory guarantee which by law may not be excluded, then to the extent the law permits TC Remit to limit its liability in respect of such failure, subject to clause 9.3, TC Remit’s liability is limited to:
9.2.1. The re-transfer of the principal Transfer amount; or
9.2.2. The payment of the cost of re-transferring the principal Transfer amount.
9.3. The liability of TC Remit excludes, to the extent that any loss or damage suffered by you is attributable to fault or negligence on your part or on the part of any person for whom you are responsible, such loss or damage. If you provide TC Remit with incorrect information in the form regarding the Beneficiary, TC Remit will not be liable for the non-execution or the defective execution of the transaction. However, TC Remit will make all reasonable efforts to recover the Transfer. TC Remit may charge you for the recovery of the Transfer.
9.4. Except as provided below, TC Remit shall not be liable for any amount in excess of the amount equal to the principal Transfer amount and the Transfer Fee paid by you. TC Remit accepts no liability for service delays or any failure to perform the transaction in accordance with your instructions if these are due to local regulations or circumstances outside TC Remit’s control. TC Remit will not be liable for any indirect or consequential loss. TC Remit will not be responsible for goods and services that may be paid for by a Transfer.
9.5. Nothing in this Clause 9 will limit TC Remit’s liability for: (i) death or personal injury from its negligence; or (ii) fraud committed by TC Remit.
- Privacy Compliance
10.2. You warrant to TC Remit that you have full authority and consent to provide the Beneficiary’s details to us, and our Correspondents.
If you need to make a complaint relating to the Service, please contact TC Remit’s Customer Services by telephone on +64 224 REMITT (736488) or write us at firstname.lastname@example.org set out in Clause 16.
- Entire Agreement
You agree that the agreement includes only these terms and conditions and the transfer form (“Agreement”) and is the entire agreement and understanding between you and TC Remit and supersedes and terminates any prior agreement between you and TC Remit.
- Rights of Third Parties
A person who is not a party to the Agreement will not have any rights to enforce any provision of the Agreement other than at law.
In the event any provision (or part provision) of the Agreement is held by any court or authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed not to form part of the Agreement and the validity and enforceability of the other provisions of the Agreement will not be affected.
- Language, Governing Law & Jurisdiction
15.1. Where TC Remit at its discretion provides you with a translation of the English version of any part of the Agreement, you agree that the translation is only for your convenience and does not form part of the Agreement. The English version of the Agreement will govern the provision of the Service by TC Remit to you.
15.2. The Agreement is to be construed in accordance with the law of New Zealand and any dispute with respect to the Agreement is to be subject to the exclusive jurisdiction of the New Zealand courts.
- Contact Us
16.1. TC Remit’s Customer Services may be contacted by telephone on +64 224 REMITT (736488) or via email on email@example.com.
16.2. You may contact TC Remit’s Customer Services for the addresses and hours of operation of the Correspondents’ locations in the Beneficiary’s area.