Link World Money - Terms and Conditions
These terms and conditions are between Link World Money ("us" or "we") and you (being the person clicking on the "I agree" button). The terms in your send money receipt are also part of these terms and condition.
Dear Customer, please understand that use of our Services (as defined below) is conditional on your registration and your acceptance of these terms and conditions.
In these terms and conditions, the below terms shall have the following meaning(s):
1. "Prohibited Purpose" means 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 banking or other financial services;
2. "Recipient" means the person identified as the beneficiary of a money transfer (whether that money transfer is initiated by a Sender using the Service or by a person using another money transmission service);
3. "Sender" means the person who initiates the carrying out of a money transfer by using the Service;
4. "Transaction" means (i) each money transfer that You initiate using the Services; and (ii) each other use that You make of the Service;
5. "Service" means any or all of the services for money transfer which are made available by us;
6. "Site" means the website LinkWorldMoney.com operated by Link World Money to provide online money transmission services and related information facilities;
INFORMATION ABOUT US AND HOW TO GET IN TOUCH WITH US
Link World Money is the trading name of Finsbury Foreign Exchange Solution Ltd, a FCA Authorized firm in the UK (FRN: 572524), which is operating in the international payment services industry for more than 15 years now.
You can contact us by:
Telephone using this number: +44 (0) 2079233096; or Freephone 0800 043 3031
Post using this address: Unit G26b, Waterfront Studios, 1 Dock Road, London E16 1AH, UK.
Email using this email address: firstname.lastname@example.org.
YOUR STATUS AND YOUR ACCESS RIGHTS
By using our services and placing a money transfer order using our Site, you warrant that you are legally capable of entering into binding contracts.
INFORMATION WE PROVIDE TO YOU BEFORE WE PROCESS A TRANSACTION FOR YOU
The maximum total fee that we will charge the Sender, together with a breakdown where applicable. If we believe that the Recipient may also have to pay a fee, then we will tell you.
An indication of the exchange rate that we will apply to your transaction, or the reference exchange rate upon which the actual exchange rate will be based. If a further exchange rate may be applied we will tell you to expect this.
An indication of the time it will take for the funds to be made available to the person to whom you are sending the money.
Information on cancellation procedures and any charges for cancelling or amending a transaction.
Information relating to the maximum amount of money you can transfer.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing a money transfer order using the Site, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy one of our services.
All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we are processing your service request (the "Confirmation"). The contract between us (the "Contract") will only be formed when we send you the Confirmation.
The Contract will relate only to those services we have confirmed in the Confirmation. We will not be obliged to provide you with any other services which may have been part of your order until the processing of those other services have been confirmed in a separate confirmation.
We will not perform any Services for You (and any Contract between us shall be deemed void) if:
we are unable to obtain satisfactory evidence of your identity;
we have reason to believe that your communication with us (by any means) is incorrect, incomplete, unauthorised or forged;
you provide us with false, incorrect or incomplete information or if your send order is not given to us sufficiently in advance to allow us to process the transaction in accordance with your request (example: You request a same day transfer to a country but your send order is received by us after 5 pm);
you are unable to comply with any regulatory or governmental authority requirements notified to us;
by doing so we may break any law, regulation, code or other duty that applies to us;
by doing so we may expose us to action from any government or regulator.
We shall not be liable for any damages, costs or losses incurred as a result of the non-payment or delay in payment of a money transfer to a Recipient caused by us not performing a Service for You for the reasons listed above.
INFORMATION WE PROVIDE TO YOU AFTER WE PROCESS A TRANSACTION FOR YOU
After we have transferred the money to the Recipient, we will send you the following information:
A Money Transfer Notification;
Confirmation of the exact amount we are sending to the Recipient on your behalf: (i) in the currency you are sending the money; and (ii) in the currency the Recipient is receiving the money;
The charges or fees that you have paid to us for the Service;
The exchange rate applied to your Transaction;
Confirmation of the bank to which the money has been sent to;
As determined by us, an estimate or an exact time of when the money will be available for the Recipient to collect;
YOUR RESPONSIBILITIES AND OBLIGATIONS
You agree to pay our fees (charges and commission as applicable) for each Service we provide to you.
To use our Services, you must register with us. We can only complete your registration if you provide us with all the details we require from you, including (without limitation) details relating to your identity and proof of address and any other information we may require from you.
You will promptly supply us with all information and documentation which we may ask you for at any time to enable us to: (i) provide the Services to you; and (ii) comply with any legal requirements on us relating to our Services, including (without limitation) as required by the Money Laundering Regulations 2007.
You must communicate with us and provide us with instructions in the English language.
- When you register with us or submit a send order, provide us with true, accurate, current and complete information;
- Maintain and promptly update all information you provide to us to keep it true, accurate, current and complete;
- Not use the Service for or in connection with any Prohibited Purpose;
- Comply with these terms and conditions and any other restriction or requirement of use notified to your from time to time;
- You must and are solely responsible for taking all steps necessary to protect the security of your Transaction.
- You understand that we are obliged to keep all information in our data base for up to 5 years.
- You understand that all currency converted pursuant to the Service is converted using our rate of exchange.
- You will be liable to us for all losses which we suffer or incur relating to any fraud or fraudulent activity by you at any time.
- You must call us or write to us as soon as you reasonably can if you think a transfer was not made properly or never arrived.
We may, without notice (except as required by law) and without liability to you, immediately terminate or suspend your access to our Services at any time, including without limitation, if:
- you attempt to transfer or charge funds from an account that does not belong to you or from an account which does not have sufficient available funds or has expired, or if you are paying by credit card, there is an insufficient available line of credit;
- your financial institution attempts to charge back a transfer on the basis of a dispute related to a transfer;
- you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of our Site;
- we receive conflicting claims regarding ownership of, or the right to withdraw funds from a debit or credit card account;
- you have breached a term or condition of these terms and conditions, or any representation or warranty that you make under these terms and conditions are false;
- we determine that your profile is inactive;
- We may without liability to you, terminate or suspend your access to LinkWorldMoney Online at any time and for any reason by giving you 30 days notice.
YOUR CANCELLATION RIGHTS
- You have the right to cancel orders before payment has been made to the Recipient. You may exercise this right by:
Telephoning us on +44 (0) 2079233096
E-mailing us at email@example.com
If you exercise your right to cancel after You have sent us a money transfer order:
- We will only reimburse you any money paid by you and intended for a Recipient if we have not already paid the money to the Recipient in accordance with your instructions to do so prior to the cancellation; and
- We will not reimburse you the charges and or commissions applied by us and paid by you to effect the money transfer. Reimbursement cannot exceed 10% of the total value of the payment including commission.
- In addition to the above cancellation rights, if you have correctly followed our processes and complied with all our policies and we do not transfer the money to the Recipient within 45 days of receiving your instructions to do so, you may ask for a refund of the money paid by you and intended for the Recipient.
- You will not have any right to cancel if in accordance with your instructions we have effected the money transfer.
- Details of your statutory right of cancellation and an explanation of how to exercise it, are provided in the Confirmation. This provision does not affect your other statutory rights as a consumer.
WHEN WILL YOUR MONEY TRANSFER BE COMPLETED
Transfers to certain destinations may be subject to delay or to restrictions imposed under the laws of the country to which the money is transferred.
WHAT DO YOU PAY AND HOW DO YOU PAY
The price for the Services consist of (i) FX Spread and (ii) Fee Commission
Our prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you the Confirmation.
If paying by debit card, your debit card will be charged as soon as we accept your request for the transfer. Our merchant partner are responsible for the process of debit card transactions, all your card details are entered on a secured page and transferred using SSL technology.
OUR LIABILITY TO YOU
If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract.
We do not in any way exclude or limit our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation;
- Any breach of the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
- Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
We will always use reasonable skill and care when providing the Services to You but we cannot accept any responsibility to you for:
- The goods or services which you pay for by using the Service. In particular, our Services allow you to send money to a private individual and should not be used to send money to a third party who sells goods and services. We shall not be liable in any way, if you ask us to pay someone who defrauds you or who fails to meet their obligations to you;
- 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;
- 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;
- your inability to use, access our Services using any portable device for reasons which are not under our control;
- Viruses caused by third parties.
- We are not liable to you for more than the transfer amount and any fees (charges and commission) paid or payable by you. We will not be liable for any incidental, indirect, special or consequential losses or costs you suffer or, as the Contract is made with you as a consumer, any business losses or costs (such as loss of business profits or opportunities).
MONEY TRANSFER AND THE PAYMENT SERVICES REGULATIONS
The Payment Services Regulations 2009 (SI 2009/209) ("the Regulations") govern the transfer of money to recipients within the European Economic Area (being all members states of the European Union, together with Norway, Iceland and Liechtenstein), where the transfer of funds is carried out in Euros, Sterling or the currency of another EEA state which has not adopted the Euro as its currency. The Regulations set down some rules applicable where we are requested to send on funds after the completion of a Transaction. We can provide you with further details of these rules should you require them.
ADDITIONAL INFORMATION RELATING TO A MONEY TRANSFER
If you ask us to provide you with any information or materials which we are not required to provide under the Regulations, we may ask you to pay us a fee to cover our costs of providing them to you. If you do ask us to do this, then we will advise you of any fee that may apply.
We value all our customers and take our obligations seriously. We have established internal procedures for investigating any complaint that may be made against us in relation to any Services we provide. In accordance with our complaints procedure, any complaint you may make must be made or confirmed to us in writing to Unit G26b, Waterfront Studios, 1 Dock Road, London E16 1AH, UK or by electronic message to hello@LinkWorldMoney.com. We shall investigate your concerns and respond to you promptly. If you are still dissatisfied following our response to any complaint, you may have a right to refer your complaint concerning the Services to the Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR. If you would like further details of our complaints policy relating to our Services please contact hello@LinkWorldMoney.com.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
NOTICES AND COMMUNICATIONS
- All notices given by you to us must be, in the English Language and given to Finsbury Foreign Exchange Solution Ltd, Unit G26b, Waterfront Studios, 1 Dock Road, London E16 1AH, UK.
- We may give notice to you at either the e-mail or postal address you provide to us when placing an order or in any other way permitted pursuant to these terms and conditions.
- Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS IF YOU ARE A CONSUMER
We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under this Contract.
You may only transfer your rights and obligations under this Contract if we agree to this in writing.
EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government; and
- pandemic or epidemic.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these terms and conditions.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
Nothing in this clause limits or excludes any liability for fraud.
We respect the privacy of the affairs of all our customers and always aim to treat customer information as confidential and to use customer information in confidence.
We will not treat customer information as confidential where it is already public knowledge or where it becomes public knowledge through no fault of our own.
We may disclose customer information if we are required to do so by law, by a court, by court order, to meet any statutory, legal or regulatory requirement on us, or by the police or any other law enforcement agency in connection with the prevention or detection of crime or to help combat fraud or money laundering. We may also report suspicious activity to appropriate law enforcement organisations or other government agencies.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
THIRD PARTY RIGHTS
Contracts for the purchase of services using our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
We hope you will enjoy using our Services. Your views matter to us. If you have any questions, please contact us on firstname.lastname@example.org and we will be pleased to attend to you.