USE OF eREMIT IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF SERVICE.
This document is a legal document and contains the Terms and Conditions ("
") pursuant to which we provide the eRemit service.
By ticking the "I agree to Habib Bank UK Terms & Conditions" box and clicking the "Submit" button on the on-line registration form, you acknowledge that you have read, understood, accept and agree to the Terms and that you will able to print or download a copy.
Unless otherwise stated herein, the words defined below shall mean the following:-
means the authorisation from the issuer of the Payment Card to our secure on-line payment gateway/system and/or us that the transaction is authorised and that the Payment Amount has/will be charged to your account with the said issuer
means the person or entity designated as such by you in a Remittance Request and to whom the Remittance Amount will be paid.
" means a day other than a Saturday or Sunday on which banks are open for business in London.
means the on-line service offered by us which enables a Registered User to send a Remittance Amount in a Specified Currency to a Beneficiary's bank account in a Specified Country.
means the processing fee and/or other charges payable by you as stated in Remittance Request and any other applicable charges as set out in the Schedule of Charges.
means the amount you pay us in Pounds Sterling, Euro or United States Dollars (as chosen by you from the list of currencies when completing the Remittance Request) and which (after deductions of the Charges) will be converted by us into the Specified Currency.
means the credit or debit card that you have selected and whose details you will provide when completing a transaction and/or a Remittance Request and which you authorise us to charge/debit for payment of the Payment Amount.
mean you, provided you have completed eRemit's on-line registration application form and have been accepted and registered by eRemit.
means the amount that will be sent to the Beneficiary in the Specified Currency. Such amount shall be calculated by deducting from the Payment Amount the Charges and then converting the balance into the Specified Currency.
means the online form to be completed by you detailing the remittance to a Beneficiary.
means the country where the Remittance Amount is to be sent, as chosen by you from the list of countries when completing the Remittance Request.
means the currency chosen by you from the list of currencies when completing the Remittance Request which will be remitted to the Beneficiary.
means Habibsons Bank Limited.
means the individual applying to us or who is registered with eRemit as a Registered User (as the case may be or the context so admits).
In order to be eligible and to use eRemit:
you must be a resident of the United Kingdom, at least 18 years of age and have the legal capacity to enter into contracts;
you must be a Registered User;
you must properly complete a Remittance Request; and
we must have received an Authorisation.
Subject to the above taking place and the Terms herein, we shall process the Remittance request as set out below.
Registration, Information, ID and Password
In order to access and use eRemit you must complete eRemit's on-line registration application form and be accepted and acknowledged by eRemit to be a Registered User.
You authorise us to obtain and/or perform electronic identification and verification of any information supplied by you from third parties. It is clarified that this authorisation permits us to disclose personal information (as defined in the Data Protection Act 1998) to third parties that we may from time to time instruct to undertake identity verification and checks about you.
If you do not provide accurate and complete information and/or your identity cannot be verified and/or you cannot fulfil such other verification procedures as we have in place then you will not become a Registered User and in such case you will be invited to provide certified copies of such identity or other documents as we may require and as specifically stated during on-line registration. We reserve the right to request additional information or documentation at any time in order to confirm your identity or status. Subject to receipt of the said documents and they being acceptable to us then you may be registered as a Registered User.
You agree -
to provide true, accurate, current and complete information about yourself as prompted by the on-line registration form; and
from time to time to maintain and update this information so as to keep it current, true, accurate and complete at all times.
If any information provided by you is untrue, inaccurate, not current or incomplete in any respect, we have the right with or without notice to terminate your registration as a Registered User and refuse access to and/or use of eRemit
Subject to the other Terms, upon registration as a Registered User eRemit will register your ID and password.
You shall be solely and absolutely responsible for maintaining the secrecy and confidentiality of all IDs and passwords and will be fully and absolutely responsible and liable for all transactions and activities that occur under your ID and/or password including any unauthorised use or misuse of ID and/or password. You will be responsible and liable if any third party gains access to eRemit through the use of your ID or password, and you hereby agree to indemnify us and hold us harmless against any liability, costs, damages, claims, suits and proceedings based upon or relating to such unauthorised access and use.
Without prejudice to the aforesaid, you agree to -
immediately notify us - by logging in to eRemit and clicking the "Secure Messaging" link or if you cannot login then by clicking the "Help" or "Contact" links - of any known or suspected loss, theft, unauthorised usage of your ID and/or password, any other breach of security, or any receipt by you of confirmation of a transaction, fund transfer or other activity which you did not authorise; or any inaccurate information in your account balances, or transaction history; and
ensure that you log out from your account at the end of each session.
Any transaction or activity pursuant to use of your ID or password shall be deemed to be your transaction or activity. We shall have no obligation or duty to verify the accuracy or authenticity of any such transaction or activity and we may act thereon as if the same had been duly given by you. You agree that in acting on any such transaction or activity we shall be deemed to have acted properly and to have fully performed all obligations owed to you, notwithstanding that such transaction or activity may have been initiated, sent or otherwise communicated in error, fraudulently or otherwise (without limitation), and you shall be bound by any such transaction or activity.
If you wish to change any personal details provided by you and held by us then you should contact us
by logging in to eRemit and clicking the "Secure Messaging" link or if you cannot login then by clicking the "Help" or "Contact" links
. If you forget your password then you should use the link on eRemit relating to forgotten passwords.
If you forget your ID or password, we may, subject to verification, instead of sending you your ID or password, generate a new ID or password for you which shall be communicated to you at the e-mail address provided by you. For security reasons you must change this password as soon as it is received, and until then this new ID or password shall be deemed to be your ID or password and you will be responsible and liable for all transactions pursuant thereto. Upon generation of the new ID or password, we shall discontinue the use of the old ID and password. However, you shall be responsible and liable for all transactions that are carried out by the use of the old ID or Password, till the time of discontinuation of the old ID or password.
Notwithstanding anything stated elsewhere in the Terms and despite correct use of your ID and password, we shall be entitled in our sole discretion (but shall not be obliged) to seek offline and/or additional written or other confirmation from you of any instruction, transaction or activity as we may deem fit.
Payment to us of the Payment Amount
By completing the Remittance Request and clicking the "Submit" button you irrevocably authorise us to charge the Payment Card for the amount of the Payment Amount.
In the event that the charge to the Payment Card is subsequently returned, charged-back, or cancelled for any reason, and we have already processed a Remittance Request, you will be responsible to us for the amount of the Payment Amount. You agree to pay such amount, plus any applicable service fee(s) and/or Charges and/or non-sufficient funds fee applicable to the return, to us immediately upon demand.
Processing of a Remittance Request
Provided you have completed a Remittance Request and we are in receipt of an Authorisation we shall process the Remittance Request by deducting the Charges from the Payment Amount, converting the balance into the Specified Currency and thereafter sending/arranging to send the Remittance Amount to the Beneficiary by remitting such sum to the Beneficiary's bank account in the Specified Country.
The acceptance and processing of a Remittance Request by us is subject to the Terms.
We shall endeavour to process a Remittance Request on the same day as we are in receipt of an Authorisation provided such Authorisation is received before 4 p.m. on a Business Day or if it is received after this time then on the next Business Day.
The conversion rate for Pounds Sterling, Euro or United States Dollars (as applicable and as chosen by you from the list of currencies when completing the Remittance Request) to the Specified Currency shall be that shown on the Remittance Request at the time you complete it.
Time schedules mentioned on eRemit or elsewhere are indicative only and as such we shall endeavour to adhere to them however we will not be responsible or liable for any changes in the time schedule for execution of a Remittance Request or the delivery/receipt by the Beneficiary of the Remittance Amount or for any other reason.
Reliance by us
When processing a Remittance Request, we may rely on the information provided by you during registration and in the Remittance Request. Any errors in the information, including misidentification of the Beneficiary, incorrect or inconsistent account names and numbers, or misspellings, are your responsibility.
Permissible Remittance Requests.
You will only make a Remittance Request that complies with the Terms and applicable English law.
You: (a) may use eRemit only on your own behalf; (b) shall not re-sell or use eRemit to make remittance payments on behalf of, or as agent for any other person; (c) will not make a Remittance Request that would result in a violation of the laws or regulations of England and/or the United Kingdom including without limitation the anti-money laundering laws; and (d) will provide such information that we may request from time to time regarding your identity or the identity of the Beneficiary in order for us to comply with any applicable laws, including anti-money laundering laws.
Rejection of a Remittance Request by us.
We may in our sole discretion reject a Remittance Request, or impose such conditions as we may deem necessary or appropriate. Without limiting the foregoing we may suspend, delay or reject a Remittance Request if: (a) the value of one or more of your Remittance Requests exceeds any transfer limits established by us for you/ eRemit users; (b) we are not in receipt of an Authorisation for the Payment Amount (c) if in our sole opinion the Remittance Request is incomplete or unclear; (d) if we are unable to confirm your identity or verify any registration or the Beneficiary's information; (e) if we or the Beneficiary's bankers are unable to fulfil your request for any reason; or (f) for any other reason as we may in our sole discretion determine.
You understand and agree that if a Remittance Request is rejected for any reason, you will be informed of the rejection by email, or by any other reasonable means of notice.
Fees and Charges.
You shall pay fees and Charges in accordance with the Schedule of Charges. Such fees and Charges shall be debited from the Payment Amount before it is converted into the Specified Currency. By completing the Remittance Request and clicking the "Submit" button you irrevocably authorise us to debit the Charges from the Payment Amount.
In addition you shall pay such other fee(s) and/or Charges as are applicable and are stated in the Schedule of Charges including without limitation, any charges (which may be payable in advance) if we, at your request, inquire about or investigate any remittance made by you.
Delays or Non-Execution of Remittance Payment Request.
We shall not be liable or responsible for any delay, failure to execute, or mis-execution of the Remittance Request due to circumstances beyond our reasonable control including, but not limited to, the following: payments made to an unintended beneficiary or payments made in incorrect amounts due to the input of incorrect information by you; delays, losses, errors, or omissions resulting from failure of any telecommunications or any other data transmission system and the failure of the central computer system or any part thereof; for any fraud, deception or misrepresentations by you or anyone purporting to be you , the Beneficiary or any other person; acts of God; acts of public authorities acting with actual or apparent authority; insufficient information provided by you; the application of any laws, regulations and/or security regulations imposed by any relevant government or international body, or otherwise applicable to the Specified Country; riots, strikes, or other labour disputes; civil commotions; disruptions in transportation networks; weather phenomena; and natural disasters.
We may refuse to process or delay processing any Remittance Request if it would violate any guideline, rule, policy or regulation of any government authority or funds transfer system.
Cancellation, Request for Retrieval, Rejection or Return of a Remittance Request by others.
You cannot cancel a Remittance Request once an Authorisation has been received by us.
may however (without any obligation, liability, representation or warranty that we will be successful), be willing to consider your request to recall the Remittance Amount and endeavour to retrieve it on your behalf subject to your paying such Charges or fees as we shall intimate
(which may be payable in advance)
If for any reason a Remittance Amount is rejected and/or returned to us by the Beneficiary's bankers for any reason
you will be informed of this by email or by any other reasonable means of notice.
The following procedure shall be applied by us to refund to you any Remittance Amount if it is retrieved or rejected and/or returned (as applicable and as described above) (the "Returned Remittance Amount"): (a) The Returned Remittance Amount
converted back to
Pounds Sterling, Euro or United States Dollars (being the currency chosen by you from the list of currencies when completing the Remittance Request)
at our buying rate of exchange for the Specified Currency applicable on the date that the Returned Remittance Amount was actually credited back to us (the "Converted Amount"); (b) any and all costs incurred by us and/or any correspondent bank/third party shall be debited from the Converted Amount; and (c) thereafter, as soon as reasonably possible the balance shall be credited to your Payment Card.
Limitation of Liability.
WE AND/OR OUR CORRESPONDENT BANKS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR DAMAGES OR LOSSES CAUSED BY DELAY, MISTAKE, OMISSION, NON DELIVERY, NON-PAYMENT OR UNDERPAYMENT OF ANY MONEY TRANSFER WHETHER CAUSED BY NEGLIGENCE ON THE PART OF OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE. IN NO EVENT WILL WE AND/OR OUR CORRESPONDENT BANKS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL EXEMPLARY OR PUNITIVE DAMAGES, OR THE LIKE. THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY.
eREMIT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO eREMIT.
We shall in no way be held responsible and/or be liable for any queries, errors, disputes or delays in messaging, money transmission, currency conversion, conversion rates offered, payment to the Beneficiary, any loss suffered due to any fraud or other actions of you, the Beneficiary (or anyone purporting to be you or the Beneficiary) or any other party or any other query, claim or dispute.
You agree to indemnify, defend and hold harmless, us and our correspondent banks and all our respective officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service providers (collectively, the "
") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses of any kind related thereto (including, without limitation, reasonable legal fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from (a) your access to and/or use of eRemit including, without limitation, the money transfer services; and/or (b) your violation of the Terms; and/or (c) due to any information provided by you being untrue, inaccurate, not current or incomplete in any respect.
In order to use eRemit, you consent to receive and accept these Terms, any amendment to them, and all notices relating to eRemit by means of electronic (email and/or website posting) communications. You acknowledge and agree that in order to use eRemit you must have a computer equipped with at least: an internet browser with adequate encryption. You agree that if you remove your consent to receive electronic communications, we will terminate your use of eRemit. You further acknowledge and agree that all email notices sent to you regarding the status of a Remittance Request are only service messages, and will not be considered an official record of ours with respect to the remittance payment requested through eRemit. In the event of a conflict, our official records will take precedence over any service messages.
We may use and disclose to third parties your registration information and remittance payment information in order to process a Remittance Request, validate your registration information, if you consent, to resolve a dispute, to enforce our rights and for any other purposes considered good industry practice or permitted by law.
We may transfer your personal data (as defined in the Data Protection Act 1998) to countries outside the European Union (EU) which may not provide the same level of protection for personal data as within the EU. However, all personal data wherever it is held in our or any affiliate or by its sub-contractors or agents will be afforded a high level of protection against any authorised or accidental disclosure, access or deletion. By agreeing to these Terms you agree to such data being so used and that it may be transmitted to others as stated above.
Our intellectual property
Our website, eRemit, the content, and all intellectual property pertaining thereto and contained therein (including but not limited to patents, database rights, text, graphics, links, buttons, logos, images, copyrights, trademarks and service marks) are owned exclusively by , and all right, title and interest therein and thereto shall remain our property. Our website and eRemit may be used only for the purpose permitted by these Terms. You are authorised solely to view and retain a copy of the pages of our website and eRemit for your own personal, non-commercial use. You agree that you shall not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit our website, eRemit or any portion thereof for any public or commercial use without our express written consent. You further agree not to: (a) use any robot, spider, scraper or other automated device to access our website and/or eRemit; and (b) remove or alter any author, trademark or other proprietary notice or legend displayed on our website (or printed pages thereof) or eRemit pages. The name "Habib Bank UK" and other names and indication of ownership of "Habib Bank UK" are our exclusive marks. Other product, service and company names appearing on the website and/or eRemit may be trademarks of their respective owners.
These Terms embody the entire agreement and understanding between you and us and supersede all prior agreements or understandings you have with us. If any one or more of these Terms shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable and the parties nevertheless agree that a court should endeavour to give appropriately valid effect to the intention of these.
We reserve the right at any time to request additional information from you in order to fulfil anti money laundering obligations. We reserve the right to suspend your access to eRemit at any time.
Any failure or delay by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms may be modified or amended by us from time to time without notice, except as may be required by law. You may terminate your use of eRemit if you do not agree with any modification or amendment. If you use eRemit after the effective date of an amendment or modification, you will be deemed to have accepted that amendment or modification. You agree that you will not modify these Terms and acknowledge that any attempts by you to modify these Terms shall be void.
We shall be entitled, in our sole and absolute discretion, to not register you as a Registered User, refuse you access to eRemit and or to comply with all or any Remittance Request or other instructions without assigning any reason.
Use and availability of eRemit is subject to the law, relevant regulatory approvals and these Terms.
Use of eRemit does not establish a current account or any other form of account with us for you or the Beneficiary. eRemit does not constitute or create a fiduciary or escrow capacity between you and us .
We shall not be under any duty to assess the prudence or otherwise of any instruction or transaction given or entered into by you.
We reserve the right to refuse you access to eRemit or to complete a Remittance Request if, at any time, for any reason we in our sole opinion deem it necessary to protect our interests.
Unless expressly provided herein, no term of these Terms is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
Governing Law and jurisdiction.
These Terms shall be governed by and construed in accordance with English law.
The parties irrevocably and unconditionally submit to the jurisdiction of the English Courts.
ONLINE PRIVACY STATEMENT
OUR COMMITMENT TO PRIVACY.
Protecting customers' privacy is very important to us. This Online Privacy Statement is available to inform you about our collection and use of personal and non-personal information so that you can make informed choices about how your own information is collected and used. This Online Privacy Statement reflect our policies covering personal information collected by us on or after the effective date shown above.
believe that information used responsibly benefits customers and the economy, whether it is information we house on behalf of customers conducting transactions or information we collect on behalf of our business clients. For example, we use customer's information every day to ensure fast and accurate processing of money transfers. In addition we strive to better serve our customers by offering services that we believe fit their needs and interests. When identifying an opportunity, we may use customer information we have collected in an effort to identify customers who may be interested in that opportunity.
The relationships we has developed with individuals and businesses through the years have been established based on mutual trust. Each day we strive to reinforce our commitment to our customers. Central to that commitment is ensuring that we abide by a set of privacy policies, which are outlined below. These policies guide us in the collection and use of information as well as employee responsibilities in protecting your privacy. We use personal information about customers only in a manner consistent with these policies.
COLLECTION OF INFORMATION.
We collect personal and non-personal information in order to offer or provide services to customers. We may obtain this information from a variety of sources:
Directly from customer applications, questionnaires and other materials submitted to us by customers;
From transactions in which we and customers are involved;
From clickstream activity on our web sites (including the use of "cookies" and or "web beacons," as discussed below); and
From a variety of third-party sources, such as our business customers, government repositories, customer reporting agencies and other financial institutions.
To assist us in providing our services to you;
To allow you to change pages during your visit to our website without repeatedly having to re-enter your password;
To track activity on our website;
To determine whether you came to our site from a banner ad or an affiliate website; or
To serve ads to you on this and other websites.
You can usually set parameters on your computer that allow you to elect to accept cookies or to have your browser notify you each time a cookie is offered. You can also usually delete cookies from your hard drive. Instructions on how to accept cookies, on how to be notified that a cookie is being offered and on how to delete cookies are available through your Internet Browser.
DISCLOSURE OF INFORMATION.
We do not disclose customer information to third parties without first giving customers the opportunity to opt-out of certain kinds of disclosures. There are some disclosures to third parties that are not subject to the opt-out, such as disclosures necessary to effect, administer or enforce a transaction requested by you, to companies that perform services for us or to prevent fraud and as required by applicable law. we may disclose information about former customers to third parties and companies with which we is affiliated, as well as unaffiliated third parties. Those disclosures may consist of the following:
Financial background information describing a customer's financial status;
Identification information, such as name and address data;
Transaction information, such as account activity, debit activity or credit activity; and
Other information relating to financial matters.
RECIPIENTS OF INFORMATION.
We may disclose customer information to companies affiliated with us and to companies or other parties not affiliated with us (subject to customers' opt-out rights). These recipients include:
Financial institutions, such as banks, credit card companies and brokerage houses;
Companies that process transactions, credit references agencies or provide other services for us; and
In addition, we are permitted to disclose customer information to certain recipients, such as credit reporting companies.
WE ARE COMMITTED TO PROTECTING THE CONFIDENTIALITY OF PERSONAL CUSTOMER INFORMATION.
We limit access to personal information to those of our employees and our affiliates who need it to fulfil their business responsibilities. Employees must adhere to our data protection policies. Employees violating these policies may be subject to disciplinary action, up to and including dismissal. Outside contractors we engage are subject to our contractual requirements to ensure that sensitive personal information is safeguarded.
WE USE APPROPRIATE SECURITY SAFEGUARDS.
ecurity is a priority for us. We employ appropriate measures to protect customer information against unauthorised access, disclosure, alteration or destruction. These may include, among others, encryption, physical access security and other appropriate technologies. We continually review and enhance our security systems, as necessary.
WE MAINTAIN PROCEDURES TO ASSURE THE QUALITY OF INFORMATION WE COLLECT AND WHERE APPLICABLE, WE WILL INFORM CUSTOMERS ABOUT HOW THEY CAN ACCESS THEIR PERSONAL INFORMATION AND MAKE CORRECTIONS, IF NECESSARY.
We employ appropriate measures to assure the quality of information we collect directly from customers. Where information is collected by us directly from customers or sources other than our business customers, we permit them, if possible, to dispute or correct any erroneous or out-of-date personally identifiable information. Of course, this correction would not be possible if the information is proprietary to one of our business customers, reflects historical transaction information or if correction would violate the privacy or legal rights of a third party. Where applicable, we abide by laws related to such information. You can access your registration information by clicking on the "Sign In/Register" button. You can correct factual errors in your personally identifiable information by sending us a written request that credibly shows error. Call the customer service number listed below for details. We reserve the right to independently verify claims made. To protect your privacy and security, we also will take reasonable steps to verify your identity before making corrections. We reserve the right to assess a service charge for providing you with any information in connection with your request.
OUR WEBSITE IS NOT DIRECTED AT ANYONE UNDER THE AGE OF 18.
Our website is not directed at persons under the age of 18 and we does not collect or maintain information at our website from those we actually know are under the age of 18.
WEBSITE MAY BE LINKED TO OTHER WEBSITES.
We may create links to third party websites. We are not responsible for the content or privacy practices employed by websites that are linked from our website.
PERMISSION MARKETING EMAILS.
Beyond communications required as part of terms of service, users will occasionally receive information on products, services, special deals, and/ or a newsletter via email. Users who no longer wish to receive from us our email newsletter and promotional email communications may indicate such wish by contacting us via email at [email protected] or by contacting our customer service centre at +44(0) 20 7800 1064.
WE HOLD OURSELVES ACCOUNTABLE TO OUR PRIVACY PRINCIPLES.
We are committed to meeting the highest standards for our privacy program. To that end, we have appointed a senior officer, who serves as the "Data Protection Officer" with responsibility for the administration and implementation of our data protection policy . The Data Protection Officer is responsible for:
Administering employee training and employee compliance related to our data protection policies;
Conducting periodic assessments of our compliance with data protection and privacy policies, as well as specific implementation policies and procedures; and
Ensuring that we actively participates in appropriate data protection activities, including self-regulatory initiatives.
If you have any questions or comments about our Online Privacy Statement, or for some reason believe we have not adhered to our statement, please contact us at the customer service by using the link below.
This Online Privacy Statement is currently only applicable to our website customers and visitors in the United Kingdom. As we develop websites for international audiences, we may adopt additional rules and practices consistent with this statement to conform to the policies or requirements of those countries. We may alter this statement as needed for certain products and services and to abide by local laws or regulations around the world. We reserve the right to amend or modify this statement from time to time. We urge you to review this statement whenever you visit in order to obtain the most current statement. You may change your choices at any time.