User Agreement »
1. MONEY TRANSFER SERVICE
1.1 The Terms and Conditions set out in this User Agreement govern the money transfer services provided to you by Mobile Union Limited trading as mtxpress (company number 05529477) whose registered office is Highlands House, Basingstoke Road, Spencers Wood, Reading, Berkshire, RG7 1NT (referred to as "we/our/us").
1.2 Our head office address is 89 Worship Street, London EC2A 2BF, telephone number 0203, 026 6849, email: customercare@mtxpress.com. We are an online remittance service consequently we have no branch network from which to initiate money transfers - this takes place online.
1.3 We are registered with the Financial Services Authority under the Payment Services Regulations 2009 (registration number: 504661) for the provision of payment services and licensed by HMRC (License number 12302871) as a Money Remitter.
1.4 This User Agreement is effective as of 1 March 2010 and governs the terms under which you may access and use this website and the services associated with it (together, the "Service"). Do not access or use the Service if you do not agree to be bound by the User Agreement. By accessing and using the Service, you are agreeing to the User Agreement.
1.5 The terms "you" and "your" refer to users of the Service, whether in their capacity as Senders or visitors to this website.
2. OVERVIEW OF THE SERVICE
2.1 The Service allows people to send money to Bangladesh only.
2.2 A "Sender" is someone who uses the Service to send money.
2.3 A "Beneficiary" is someone who receives money from a Sender through the Service.
2.4 A Send Money Transactionis "SMT" is a specific instruction to send money through the Service. The "SMT Amount" is the amount that the Sender provides for transfer to the Recipient, excluding applicable fees and prior to any foreign exchange conversion.
2.5 The "Pay-Out Amount" is the amount paid out to the Recipient, excluding any taxes or charges that may be levied under the laws of the Destination Country. Please see Section 6 for an explanation of the Exchange Rate.
3. SENDING A REMITTANCE
3.1 You must be at least eighteen (18) years old to access or use the Service as a Sender and be able to form legally binding contracts under applicable law.
3.2 Before you are able to send money through our service we must first carry out various steps to identify you. You agree to provide us with the information detailed in our website to enable us to identify you. Section 8 of this User Agreement sets out our obligations under the Data Protection Act.
3.3 You must also provide us with information that clearly identifies the individual to whom you are sending the money (the "Beneficiary"). That information is detailed in our website.
4. PAYMENT, FEES AND CHARGES
4.1 For each SMT that you submit, you agree to pay us a service fee (the "Fee") plus the SMT Amount. Additional charges may apply. The then current Fees and other charges that are applicable are listed on our website.
4.2 A summary of the then current Fees and other charges are set out in our Website at the time you register for our service. We will advise you by email whenever we change our Fees and other charges. You may alter your email address at any time by following the instructions set out in our website.
4.3 Payment is due at the time you submit your SMT. If you submit a transaction that results in us suffering chargeback or other similar fees, you agree to reimburse us for all such fees and the amount of the SMT.
4.4 In order for us to collect payment from you, you authorize us to access, charge, or debit funds from any of the payment methods you provide us in connection with your use of the Service. You represent and warrant that you are the lawful owner of the bank account attached to any payment method notified by you.
4.5 We are not responsible for any fees or charges that may be imposed by the financial institutions associated with your payment methods. We are not responsible for any insufficient funds charges, chargeback fees, or other, similar charges that might be imposed on you by your bank, card issuer, or other provider.
5. DISBURSEMENT
5.1 We work with BRAC Bank Ltd to pay funds to Receipients in Bangladesh. You, in your capacity as a Sender, hereby appoint your Recipient as your agent for the purpose of receiving funds in connection with the Service. We attempt to provide up-to-date information on our website regarding the location, availability, and opening hours of BRAC Bank's branches. However, you agree that we will not be responsible for any inaccurate or incomplete information that may be posted on the site.
5.2 Your transfer will be available for collection at any one of BRAC Bank's outlets in Bangladesh within a few minutes of your payment being authorized, subject to BRAC Bank's business day opening hours.
5.3 You cannot amend or cancel your instruction to us after BRAC Bank has paid your Beneficiary. Any such instructions must be in writing to us prior to the funds being received by the Beneficiary.
5.4 Before BRAC Bank will pay funds to a Beneficiary, they will be required to: (a) provide the unique SMT number (VIN) assigned to the particular SMT, and (b) prove their identity by presenting valid, unexpired identification papers from a list of acceptable forms of identification acceptable to BRAC Bank. In addition, Recipients may be required to provide a personal identification number (or PIN), a "password", a "secret word", and/or another, similar identifier associated with their SMT. We will let you know before you complete a SMT if a PIN, password or secret word is required. You give us permission to store all such data, as necessary to provide the Service.
6. EXCHANGE RATE
6.1 The applicable daily exchange rate is clearly displayed on our website. Our exchange rate is linked to the rate set by the Central Bank in Bangladesh each day with a small margin applied. We will generate a Receipt on collection of funds setting out the exchange rate applied to your SMT that will be provided to the Beneficiary. We will also send you by email a Confirmation of Receipt of Funds at the time that the funds are received by the Beneficiary. We convert your Transfer from British Pounds (GBP) based on the exchange rate applicable on the day the funds are collected by the Beneficiary or transferred to an eligible account maintained at BRAC Bank Ltd. The Beneficiary will receive the transferred amount in Bangladeshi Taka.
7. RESTRICTIONS
7.1 We may, at any time and in our sole discretion, refuse any SMT or limit the amount to be transferred, either on a per transaction basis or on an aggregated basis. Any such limits may be imposed on individual accounts, linked accounts, or on related accounts or households, in our sole discretion. We reserve the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without notice.
7.2 Your SMT may be delayed due circumstances outside our control such as regulatory controls or currency availability, or it may be delayed or cancelled in the course of our continuing obligation to verify your identity, or to validate your SMT instructions and payment methods, to contact and locate you, and to otherwise comply with applicable law. Nevertheless, you may be entitled to a refund in certain circumstances, as described in this User Agreement.
7.3 You may not use the Service in violation of this User Agreement or applicable laws, rules and regulations, including but not limited to rules and regulations relating to money laundering, illegal gambling activities, fraud, and the funding of terrorist organizations.
7.4 We may, at our sole discretion, refuse SMTs from certain Senders and to certain Recipients, including without limitation, entities and individuals that are included on the Specially Designated Nationals list, and such other lists as may be issued from time to time by the UK Government, U.S. Department of Treasury and other government agencies.
7.5 You may not submit a SMT on behalf of any other person. If you intend to submit a SMT on behalf of a business or other non-human entity, you must inform us of your desire to do so. You agree to provide us with additional information about any such entity, as requested by us.
7.6 We generally do not let you change the details of your SMT once it's submitted to us for processing. It is your responsibility to make sure your transaction details are accurate.
7.7 In connection with your use of our website or the Service, or in the course of your interactions with us, a user or a third party, you will not:
7.7.1 Breach this User Agreement, or any other agreement between you and us;
7.7.2 Establish more than one registration, without our prior written permission;
7.7.3 Provide false, inaccurate, or misleading information;
7.7.4 Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.
8. DATA PROTECTION
8.1 To ensure that your debit or charge card is not being used without your consent and to comply with Anti-Money Laundering and other Regulations, we will validate name, address and other personal information supplied by you during the registration and order process against appropriate third party databases.
8.2 By agreeing to this User Agreement you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered credit reference agency that may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
9. PRIVACY POLICY
9.1 By agreeing to this User Agreement, you acknowledge and consent to our Privacy Policy. The Privacy Policy can be found here
10. GENERAL
10.1 We are not obliged to perform our obligations if abnormal and unforeseeable circumstances beyond our control prevent us from doing so.
10.2 You may be entitled to redress for an incorrectly executed money transfer only if you notify us without undue delay on becoming aware of it, and in any event no later than 13 months after the date of the transfer. You must notify us immediately upon becoming aware of any incorrectly executed money transfer.
10.3 No compensation is available from the Financial Services Compensation Scheme if we are unable to meet our obligations. Our relationship with you is not that of a bank or trustee.
10.4 Neither this User Agreement nor any transaction carried out under it shall confer contractual or other rights on, or be enforceable against us by, any party other than you. We are not liable for any losses not directly associated with any incident that may cause you to make a claim against us, nor are we liable for loss of profits, loss of business, loss of goodwill or any form of special damages.
10.5 You confirm and agree that you are not sending or receiving a payment transfer for or in connection with any criminal or illegal purpose. You further agree that you know the person to whom funds are being sent.
10.6 You agree to help us in the discharge of our anti-money laundering, security validation and verification responsibilities by providing such information as we may request.
10.7 We may use information about you to discharge our anti-money laundering, security validation and verification responsibilities, to provide our services and to manage our relationship with you. We may disclose this information to payers, payees and intermediaries in the course of providing our services or as required by Regulation EC 1781/2006 on information on the payer accompanying transfers of funds; persons with whom we share information for anti-money-laundering, security verification or validation purposes; regulatory and prosecuting authorities; and service providers acting on our behalf. This may involve transfer of information to countries that do not have data protection laws as strict as those in the UK. If you wish to access or correct the information that we hold about you, please contact our Data Protection Officer at Mobile Union, 89 Worship Street, London EC2A 2BF.
11. PROBLEMS
11.1 Please tell us if you have any problems with our service: we will seek to resolve your problem as quickly as possible. If you are not happy with our response, or if we have not finished investigating your problem after 8 weeks, you may be able to refer your complaint to The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR.
11.2 In general, we do not provide refunds unless we did something wrong. We will consider your written request for a refund (submitted by mail using the contact information at the bottom of this User Agreement) if you provide your full name, address, and phone number, together with the SMT reference, SMT Amount, and the reason for your refund request.
11.3 If we do provide you a refund, we will only refund the SMT Amount if the SMT was not paid out to the Recipient (in which case we will also cancel the pending SMT); otherwise, we will only refund the Service Fee. Refunds will be credited to the same payment method used to pay for the SMT. Refunds are only made in GBP. Refund amounts will not be adjusted to account for changes in the value of the GBP or Taka from the time your SMT was submitted.
12. OUR INTELLECTUAL PROPERTY
12.1 You acknowledge that the Service, including but not limited to the content of this website, text, graphics, links, buttons, logos, and images, as well as all other mtxpress copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by Mobile Union Limited (the "Mobile Union Intellectual Property"). You agree not to display, use, copy, or modify the Mobile Union Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of this website for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Service; (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on this website (or printed pages thereof); or (iii) infringe Mobile Union's and any third-party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
13. WARRANTIES AND INDEMNITIES
13.1 THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13.2 We make reasonable efforts to ensure that SMTs are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the Service is largely dependent on many factors outside our control. If applicable legislation does not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you in relation to that legislation. This warranty gives you specific legal rights and you may also have other legal rights. Notwithstanding the foregoing, you may have a right to a refund as expressly described herein.
13.3 You agree to indemnify and hold Mobile Union Limited, BRAC Bank, and all their service providers, respective subsidiaries, officers, agents, partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your breach of the User Agreement, or your breach of any rights of another.
13.4 In no event shall Mobile Union Limited, BRAC Bank, their service providers, or their respective subsidiaries, officers, agents, partners, and employees be liable for any special or consequential damages beyond the value of the SMT giving rise to the alleged damage suffered (in addition to refunding the SMT and Fee) including without limitation damages for loss of profits, goodwill, use, data or other intangible losses resulting from negligence on the part of Mobile Union, BRAC Bank, their service providers, or their respective subsidiaries, officers, agents, partners, and employees.
14. LAW AND JURISDICTION
14.1 These Terms and Conditions and all matters arising from or connected with them are governed by English law. The courts of England have exclusive jurisdiction to settle any dispute arising from or connected with these Terms and Conditions (including a dispute regarding their existence, validity or termination or relating to any non-contractual or other obligation arising out of or in connection with them) or the consequences of their nullity.
15. ELECTRONIC COMMUNICATIONS
15.1 You acknowledge that this User Agreement shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means: (i) this User Agreement and any amendments, modifications or supplements to it; (ii) your records of transactions through the Service; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by legislation or regulation; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service or Mobile Union.
15.2 The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of this User Agreement.
16. MISCELLANEOUS
16.1 The User Agreement constitutes the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us.
16.2 Our failure to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give appropriately valid effect to the intention of the User Agreement as reflected in the provision, and the other provisions of the User Agreement shall remain in full force and effect.
16.3 We may modify this User Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of the User Agreement at any time by reviewing this website. You may terminate your use of the Service 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. You agree that you shall not modify this User Agreement and acknowledge that any attempts by you to modify this User Agreement shall be void.
17.SECURITY
17.1 Your security is very important to Mobile Union, and we work hard, utilizing state-of-the-art security measures, to make sure that your information is secure. Mobile Union is a safe and convenient way to send money to family members and to other people that you trust. But we urge you to consider carefully before sending money to anyone that you do not know well. If you think you have been or might be a victim of fraud, please contact us immediately by telephone at 0808 280 2013 (outside the United Kingdom, call +44 203 026 6849. If you are aware of anyone or any entity that is using the Service inappropriately, please email abuse@mtxpress.com and if you receive any fake (phishing) emails, purporting to be from Mobile Union or mtxpress, please forward them to us at abuse@mtxpress.com.
18. CONTACT INFORMATION
18.1 Questions or further information can be sent to mtxpress, as follows: online at customercare@mtxpress.com; by telephone at 0808 280 2013 (outside the United Kingdom, call +44 203 026 6849) or by mail at Mobile Union Limited, Attn: Customer Relations, 89 Worship Street, London EC2A 2BF United Kingdom.