TRANSCASH TERMS & CONDITIONS OF
SERVICE

RECITALS

  • Transcash conducts business as a remittance provider.
  • Transcash agrees to provide the Services pursuant to these terms and conditions.

OPERATIVE PART

1. Interpretation & Definitions

  • Interpretation

  • In the interpretation of this agreement:

    • References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
    • Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
    • Grammatical forms of defined words or phrases have corresponding meanings;
    • Parties must perform their obligations on the dates and times fixed by reference to the capital city of Sydney;
    • Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
    • References to a party are intended to bind their executors, administrators and permitted transferees; and
    • Obligations under this agreement affecting more than one party bind them jointly and each of them severally.
  • Definitions

    • “App” means a mobile application owned by Transcash and used for the sending of a Payment Request or a Transaction Request;
    • “Business Day” means any day on which we are openfor business for the execution of Transaction Requests and/or Payment Requests;
    • “Client” is used interchangeably in these Terms with “you” and “yours” and refers to users of the Transcash website and the Services as Senders, Recipients, other users or visitors to the Transcash website;
    • “Destination Country” means the country in which the Payee receives money as a result of the Services being provided by Transcash;
    • “Ipay” is the trading name used by Transcash;
    • “Instruction” means a Payment Request and/or a Transaction Request;
    • “Local Taxes” means the taxes or charges payable in the Destination Country;
    • “Payee” means someone who receives money through the Services provided by Transcash;
    • “Payment Instrument” means a valid instrument of payment such as a bank account, debit card or credit card;
    • “Payment Request” means a specific instruction from you to a Sender requesting a Transaction;
    • “Payout Amount” means the amount paid out, after any foreign exchange conversion, to the Payee’s account exclusive of the Service Fee;
    • “Recipient” means:
    • “Registration details” means the details entered by you in order for Transcash to provide the Services
    • “Sender” means someone who uses the Transcash website to send money;
    • “Services” means the services provided by Transcash using the Transcash website and the App;
    • “Service Fee” means the fee charged by Transcash plus any additional charges or Local Taxes applicable to each Transaction, which Transcash reserves the right to charge in accordance with applicable laws, and as may be described on the Transcash website from time to time;
    • “Service Provider” means a local bank, money exchange house, or other third party service providers in the Destination Country with whom Transcash works to provide the Services;
    • “Transaction”means the transfer of money using the Services and the Transcash website;
    • “Transaction Amount” means the amount of money that the Sender wishes to send to the Payee excluding any applicable Service Fee and prior to any foreign exchange conversion;
    • “Transaction History” means record of your Transactions on our website which you may access using your email and password registration details
    • “Transaction Request” means a specific instruction from you requesting us to send money to a Payee through the services provided by Transcash;
    • “Transcash” means a company authorised by the Australian Securities and Investments Commmission and AUSTRAC for the provision of remittance services and known as Transcash International Pty Ltd trading as Ipay (ACN 147705324) of Suite 3, Level 1, 49 York Street, Sydney NSW 2000;
    • “Transcash website” means the website known as www.ipayremit.com
    • “We”, “us”, and “our” is used interchangeability in these Terms to refer to Transcash.

2. Obligations and Rights of Transcash

  • Subject to the provisions of clauses 2(b) to 2(e) below, Transcash will, on receipt of each Transaction Request, provide the Services;
  • Transcash is obliged to collect personal information to identify you pursuant to clause 8 below;
  • At any stage, Transcash may at its sole discretion, elect to cancel the Transaction and in such an event will (subject to not being prohibited by law from doing so) repay to the Client, the Transaction Amount received;
  • Transcash reserves the right to modify or discontinue the Service or any part of the Service without notice, at any time and from time to time;
  • Transcash may, in its absolute discretion, refuse any Transaction Request or impose limits on the Transaction Amount on a per Transaction basis or on an aggregate basis, and either in respect of one set of registration details or one Payment Instrument or on related sets of registration details or Payment Instruments; and
  • There is no guarantee provided by Transcash as to when the Transaction will be completed. Delivery times on the website or elsewhere are for the average service and only an estimate of time.

3. Obligations of Client

  • The Client will not submit a Transaction Request unless he/she is at least 18 years old and has legal capacity to form a binding legal contract;
  • Unless the Client has disclosed to Transcash that he/she intends to act for a third person, and has provided to Transcash all information it requires about the third person and subject always to Transcash agreeing to process the Transaction Request on behalf of that third person, the Client cannot submit a Transaction Request for a third person;
  • The Client will not use any device, software or routing to interfere with the proper working of the Service and the processing of a Transaction Request;
  • The Client will provide Transcash with:
    • true, accurate, current and complete evidence of his/her identity and to promptly update his/her personal information if and when it changes;
    • Any identity documents that may be requested;
    • Details of one or more Payment Instruments;
    • True, accurate, current and complete information as we indicate on the website is required to enable us to provide the Services and any other information which may be required in relation to the Recipient;
    • Any other information that must be provided for a Transaction Request to be properly executed, as specified when details of the Transaction are requested; and
    • Any further information and evidence required by Transcash to enable it to comply with its obligations under relevant laws;
  • The Client will not send Payment Requests to any persons not known to the Client personally;
  • The Client will, on the final submission of a Payment Request or a Transaction Request pay the Transaction Amount,Service Fee (which is non-refundable subject to these Terms and Conditions) and all other applicable fees and charges to Transcash;
  • The Client willcarefully check and confirm the details of a Transaction Request with Transcash before it is submitted and make sure that all details are correct;
  • Unless otherwise authorised by Transcash in writing, the Client will not create more than one registration and will not allow any third party to access the Client’s registration details;
  • he Client will not use an anonym sing proxy or any other tool in an attempt to make the Client’s activity untraceable; and
  • Unless otherwise authorised by Transcash in writing, the Client will not copy or monitor the Transcash website using any robot, spider, or other automatic device or manual process.

4. Acknowledgments by Client

  • The Client acknowledges that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions;
  • The Client acknowledges that Transcash may, at any stage after you submit a Transaction Request, in its sole discretion, choose whether or not to process the Transaction Request;
  • The Client acknowledges that when Transcash sends a Payment Request by SMS text message to a Sender on the Client’s behalf, Transcash may use the mobile telephone number associated with your registration detailsfor this purpose so that the Payment Request will appear to have been sent from your mobile telephone number;
  • The Client acknowledges that the Transaction may be delayed or cancelled for reasons including but not limited to: Transcash attempting to identify the Client; validating the Transaction; difficulties in contacting you; variations in business hours and currency availability; or otherwise as a result of Transcash having to comply with applicable law;
  • The Client acknowledges that Transcash will have no responsibility for any fees and charges incurred by the use of a particular Payment Instrument to fund a Transaction; including but not limited to unauthorised overdraft fees imposed by a bank if there are insufficient funds in your bank account or “cash advance” fees and additional interest imposed by credit card providers if the use of the Service is treated as a cash transaction rather than a purchase transaction;
  • When the Client pays a Transaction Amount in one currency and the Payout Amount is in another currency, the Client acknowledges that there may be a difference between the exchange rate at which the foreign currency is bought and the exchange rate provided to the Client; and
  • The Client further acknowledges that Transcash guarantees the Payout Amount in local currency and that where there is a difference between the exchange rate at which a currency is bought and the exchange rate at which it is provided, Transcash and its Service Providers usually make a small profit to cover the risk in guaranteeing the Payout Amount.

5. Refusal or Cancellation of a Transaction

  • At its absolute discretion, Transcash may refuse or cancel any Transaction Request, Payment Request or Transaction at any time;
  • In the event that Transcash believes that the Transaction Request would violate anti-money laundering or counter-terrorism financing laws and regulations it may refuse or cancel a Transaction Request;
  • Where Transcash otherwise believes the Service is being used, whether by the Client or the Recipient, in furtherance of illegal fraudulent or unethical activities, Transcash may refuse or cancel the Transaction Request or Transactions;
  • Where required by law or if a Sender or Recipient is on a restricted or prohibited list issued from time to time by any government authorities Transcash may refuse or cancel the Transaction Request or Transaction;
  • Transcash may refuse to process a Transaction funded from a Payment Instrument where it has reason to believe the security of the Payment Instrument is compromised or where it suspects the unauthorised or fraudulent use of the Payment Instrument;
  • Transcash may refuse to process a Transaction funded from a Payment Instrument where it has reason to believe the security of the Payment Instrument is compromised or where it suspects the unauthorised or fraudulent use of the Payment Instrument;
  • The transaction processing is subject to clear fund i.e. the fund transferred by sender is sighted into Transcash account. At any unlikely event where fund is not reflected into Transcash account within the processing period (since we are mentioning processing period of 2 working days has to be disclosed to avoid any delay dispute). Transcash reserves right to delay or even cancel the transaction.
  • If the Client is in breach of any of his/her obligations including but not limited to not providing documents which identify the Client to the satisfaction of Transcash or where Transcash has sought further information or evidence relating to the purpose of a transaction in order to comply with its obligations under relevant laws and the Client has failed to provide the further information or evidence, Transcash may cancel or refuse to process a Transaction Request or Transaction;
  • In the event that a Transaction Request, Transaction or Payment Request has been refused or cancelled, Transcash may also suspend the Client’s registration;

6. Your Right to Cancel

  • To the extent permitted by law, once you have provided a Payment Request to Transcash, you do not have the automatic right to revoke the Payment Request.
  • Notwithstanding clause 6(a) above you may make a request for cancellation. Any request by you for cancellation of the Payment Request must be made without delay and no later than 13 months after the date of the Transaction Amount was debited, and must be in writing to one of the contact points listed in clause 18 of these Terms and Conditions, giving the Sender’s full name, address and telephone number, together with the Transaction tracking number, Transaction Amount and the reason for your refund request;
  • In the event that you submit a request for cancellation pursuant to clause 6(b) above, Transcash may in its absolute discretion, attempt to cancel your Payment Request however Transcash may have initiated an irreversible request for funds to be paid out to your Payee by a Service Provider and can provide no guarantee that cancellation will be successful.
  • In the event that you submit a request for cancellation pursuant to clause 6(b) above and the revocation is successful, Transcash will refund you (to the same Payment Instrument used to fund the Transaction) money paid out by you less any reasonable revocation charges and any Service Fee already charged, within four (4) Business Daysproviding that no adjustment will be made for any currency fluctuations which may have occurred between the time of payment of the Transaction Amount and the time the refund is made by Transcash;
  • Notwithstanding the provisions of clause 6(b) to (d) above, in the event that Transcash has executed the Transaction in accordance with instructions provided by you it will not refund you the Service Fee and will charge you a reasonable fee reflective of the work to be done in refunding the money paid out by you or on your behalf.

7. Electronic Communications

  • You acknowledge that these Terms and Conditions are entered into electronically, and that the following categories of information may be provided by electronic means:
    • These Terms and Conditions and any amendments, modifications or supplements to them;
    • Your records and transactions in the provision of the Service;
    • Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by law;
    • Any customer service communications, including without limitation communications with respect to claims of error or unauthorised use of the Service; and
    • Any other communication related to the Service or Transcash.
  • You may withdraw your consent by using our contact information at the end of these Terms and Conditions, to receive communications electronically but if you do, your use of the Service shall be terminated.
  • In order to access and retain Communications, you must have or have access to the following:
    • An internet browser that supports 256 bit such as Internet Explorer 8.0 or above;
    • An email account, email software capable of interfacing with Transcash’s email servers and the capability to read email from Transcash as well as a device and internet connection capable of supporting the foregoing;
    • Sufficient electronic storage capacity on your electronic device’s hard drive or other data storage unit; and
    • A printer capable of printing from your browser and email software.
  • You must promptly update us with any change in your email address or mobile telephone number by updating your registration details (profile) at http://www.ipayremit.com.
  • Transcash may send and receive notifications by email and mobile telephone text messages. It will provide the Client with information after receipt of a Transaction Request enabling it to identify the Transaction, along with details of the amount of the Transaction in the currency used in the Transaction Request, the Service Fee, exchange rate and the date on which the Transaction Request was received.

8. Collection of Information

  • Australian law requires all financial institutions or entities dealing with money to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying and recording identifying information about all customers. Transcash may therefore require you to supply personal identifying information relating to you and the Recipient and may also consult other sources to obtain information about you and the recipient;
  • In the collection of information from you Transcash is subject to the provisions of the Privacy Act 1988 (C’th) and the Privacy Acts relevant to each state in Australia;
  • Transcash is required to and has a Privacy Policy as set out on its website and may be required by law to provide information about you, your use of the Service and your instructions to government or other competent authorities.
  • Transcash may, as necessary in providing the Service, store all information required of a Recipient to prove his or her identity or associated with the Recipient’s specific instruction. Such proofs may include a suitable form of valid, unexpired identification from a list of acceptable papers provided by a Service Provider and /or a transaction tracking number, a personal identification number (PIN), a password, a secret word or other similar identifiers.

9. Intellectual Property

  • Copyright in the Transcash website and the Transcash Service, the content, and all intellectual property relating to them and contained in them is the property of Transcash;
  • You may use the Transcash website and the Transcash Service only for the purposes permitted by these terms and conditions or as described on the website. You are not permitted to duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Transcash website, the Transcash Service or any portion thereof for any public or commercial use without the express written consent of Transcash;
  • You are not permitted to use any robot, spider, scraper or other automated device to access the Transcash website or the Transcash Service or to in any way remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Transcash website or any pages you have printed from the Transcash website;
  • The name “Transcash International Pty Ltd” and other names and indicia of ownership of Transcash International Pty Ltd’s products and/or services referred to on the Transcash website are exclusive marks owned by Transcash and you are not authorised to use, copy or reproduce them in any way.

10. Warranties, Liability and Indemnity

  • Transcash warrants that in the event that it has materially breached these Terms and Conditions causing a Sender loss, it will refund the Sender the Transaction Amount and the Service Fee
  • Transcash does not accept liability for any of the following:
    • any failure to perform the Service as a result of circumstances which could reasonably be considered to be abnormal or unforeseen or outside the control of Transcash or the result of obligations under any applicable laws, rules or regulations;
    • Malfunctions in communications facilities which cannot reasonably be considered to be under the control of Transcash and that may affect the accuracy or timeliness of messages you send to Transcash;
    • Any losses or delays in transmission of messages arising out of the use of any internet or telecommunications service provider or caused by any browser or other software which is not under the control of Transcash;
    • Errors on the Transcash website or with the Service caused by incomplete or incorrect information supplied to Transcash by you or a third party;
    • Losses arising from an unauthorised transaction or any other unauthorised use of the Service where the Client has acted fraudulently or negligently
  • You agree to indemnify and hold harmless, Transcash, its officers, servants or agents and employees from all loss, damage, claims, actions or demands including reasonable legal fees, arising out of your misuse of the Transcash website or the Service, all activities that occur under your password or account email login, your violation of these Terms and Conditions or any other violation by you of the rights of a third party.
  • Transcash is required to and has a Privacy Policy as set out on its website and may be required by law to provide information about you, your use of the Service and your instructions to government or other competent authorities.
  • Transcash may, as necessary in providing the Service, store all information required of a Recipient to prove his or her identity or associated with the Recipient’s specific instruction. Such proofs may include a suitable form of valid, unexpired identification from a list of acceptable papers provided by a Service Provider and /or a transaction tracking number, a personal identification number (PIN), a password, a secret word or other similar identifiers.

11. Licence to Use the App

  • Transcash grants you a non-transferable, non-exclusive licence to use the App subject to your compliance with these Terms and Conditions, our Privacy Policy and the applicable app-store terms (incorporated into these terms by reference) as may be amended from time to time.
  • No representations, conditions, warranties or other terms of any kind are given in respect of the App and all statutory warranties and conditions are excluded to the fullest extent possible under applicable law.
  • Except as expressly permitted in these Terms and Conditions or as permitted by local law, you agree:
    • Not to copy the App (except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security); and
    • Not to rent, lease, sub-licence, loan, alter, translate, merge, adapt, vary or modify the App.
  • You acknowledge that the App has not been developed to your individual requirements and that it is your responsibility to ensure that the facilities and functions of the App meet your requirements.
  • The App is only supplied for domestic and private use. You agree not to use the App for any commercial, business or resale purposes and Transcash has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • In relation to your use of the App, to the fullest extent permitted by the law, Transcash will not be liable for:
    • Any failure to perform the Services, losses or delays in the transmission of messages due to circumstances outside the control of Transcash including but not limited to having to comply with applicable laws, rules or regulations;
    • Malfunctions in communications facilities which cannot reasonably be considered to be under the control of Transcash and that may affect the accuracy or timeliness of messages sent;
    • Errors in the App or with the Services caused by incomplete or incorrect information provided to Transcash by you or a third party;
    • Any loss or damage you have suffered as a result of you using the App on a ‘jail broken’, ‘rooted’ or otherwise modified device.
  • Transcash is required to and has a Privacy Policy as set out on its website and may be required by law to provide information about you, your use of the Services and your instructions to government or other competent authorities
  • Transcash may, as necessary in providing the Services, store all information required of a Recipient to prove his or her identity or associated with the Recipient’s specific instruction. Such proofs may include a suitable form of valid, unexpired identification from a list of acceptable papers provided by a Service Provider and /or a transaction tracking number, a personal identification number (PIN), a password, a secret word or other similar identifiers.

12. Entire agreement

This agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement, and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the subject matter contained in this agreement.

13. Amendment

Transcash may (but you have no right to) modify these Terms and Conditions from time to time without notice to you, except as required by law. You can review the most current version of the Terms and Conditions at any time by reviewing the Transcash website and may terminate your use of the Services if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification.

14. Waiver

Any waiver by any party to a breach of this agreement shall not be deemed to be a waiver of a subsequent breach of the same or of a different kind.

15. Events beyond Control

Neither party shall be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities.

16. Severance

If anything in this agreement is unenforceable, illegal or void, it is severed and the rest of the agreement remains in force.

17. Communications with Transcash

  • If you have any complaint about the Service or if you are aware that anyone is using the Service inappropriately please email us at support3@ipayremit.com;
  • If you receive any emails purporting to be from Transcash which you suspect may be ‘phishing’ (fake) emails please forward these to support3@ipayremit.com;
  • Any questions, notices and requests for refunds or further information should be sent to Transcash either online at www.ipayremit.com or by email to support3@ipayremit.com; support1@ipayremit.com; support4@ipayremit.com or by post to: Suite 3, Level 1, 49 York Street, Sydney NSW 2000.

18. Governing Law

This agreement is governed by the laws of New South Wales. Each of the parties irrevocably submits to the jurisdiction of the courts of New South Wales and the Commonwealth.