Terms & Conditions

 

Terms and Conditions

1. General Provision

  • 1.1 The agreement (comprising the payment order form (the “Order”) and these terms are conditions (“T&C”)) is between you and AMINA EXCHANGE & TRAVEL LTD  whose company registration number is 10436252 and whose registered office is situated at 177A Upper Tooting Road, SW17 7TJ (HEREINAFTER we will use for AMINA EXCHANGE & TRAVEL LTD  “AMINA EXCHANGE”, “we”, “our”, or “us”). AMINA EXCHANGE is Small Payment Institution and regulated by Financial Conduct Authority (the “FCA”) of the UK under the Regulations as recorded on the FCA register under FRN: 764171.
  • 1.2 Definitions not provided in these T&C are out in the Order.
  • 1.3 You agree that your agreement with AMINA EXCHANGE comprises the Order and these T&C, between you and AMINA EXCHANGE.
  • 1.4 The service. AMINA EXCHANGE will provide you with the AMINA EXCHANGE money transfer service (a money remittance service) (the “Service”) through its networks of authorized representatives (the “Correspondents”) to transfer funds (the “Transfer”) to your chosen recipient (the “Beneficiary”). You are required to inform the Beneficiary about the Transfer and the relevant details included in the Order.
  • 1.5 Charges. The charges and fees you have agreed to pay in relation to the Transfer are set out in the order.
  • 1.6 Full and accurate information. You confirm that you have provided AMINA EXCHANGE with full and accurate information to the best of your knowledge as required for the purpose of the Service and / or requested by AMINA EXCHANGE. You acknowledge that failure to provide full and accurate information may result in AMINA EXCHANGE not carrying out the Transfer to the Beneficiary.

 

2. Transfer Information

  • 2.1 The Transfer will be paid to a Beneficiary in cash.
  • 2.2 A Transfer will normally be available for collection by the Beneficiary during the hours of operation at the selected Correspondent’s location. The address and hours of operation of Correspondent’s locations in your or the Beneficiary’s area are available from AMINA EXCHANGE Customer Services (contact details are set out in Clause 12). However, Transfer may be subject to delay due to availability of funds at the relevant Correspondent location, conditions in the Beneficiary’s destination country or regulatory requirements. AMINA EXCHANGE makes no representation as to when the Transfer will be available for collection by the Beneficiary, except to the extent set out in (Clause 6).
  • 2.3 The Transfer does not constitute a deposit or electronic money. Neither you not the Beneficiary holds a payment account with AMINA EXCHANGE.
  • 2.4 We may refuse to perform a Transfer at any time for any reason. Whether we refuse to perform a Transfer, unless it is unlawful for us to do so, we will tell you, and if possible, we will let you know our reason for refusal and if the refusal is due to any factual errors, we will tell you what these are and how to correct them. We will have no liability to you for failure to perform or incorrect performance of a Transfer where the reason for this was our refusal to proceed with that Transfer or any part of it.
  • 2.5 Our total liability to you in connection with a Transfer is limited to the full amount of the Transfer together with any charges.

 

3. Identification

  • You may be requested to present a valid identification (“ID”) in order to received the Services from AMINA EXCHANGE and complete a Transfer. From time to time, AMINA EXCHANGE may require you to present updated and/or further documentation and/or information in order to receive the Services from AMINA EXCHANGE and complete a Transfer and enable AMINA EXCHANGE to complete its anti-money laundering and compliance process. Failure to provide such information as AMINA EXCHANGE may from time to time require from you (acting reasonably) and in all cases to AMINA EXCHANGE’s reasonable satisfaction may result in AMINA EXCHANGE not supplying Services or carrying out the Transfer(s).

4. Foreign Exchange

  • 4.1 You may request that Correspondent provides you with information on the currency/currencies available in the Beneficiary’s destination country.
  • 4.2 In addition to the AMINA EXCHANGE fees applicable to the Transfer, whether you requested a currency conversion AMINA EXCHANGE will apply a currency exchange rate (the “Exchange Rate”) to convert the funds comprising the Transfer to the currency of the Beneficiary’s destination country as set out on the Order.
  • 4.3 Any monies arising from the difference (if any0 between the Exchange Rate and the exchange rate received by AMINA EXCHANGE will be kept by AMINA EXCHANGE and/or its Correspondents.
  • 4.4 If at the tie of collection of the Transfer the Beneficiary requests that the Transfer is paid out in a different currency to the one specified by and stated on the Order, the Correspondent may charge an additional fee. This exchange is a separate transaction under separate terms between the Beneficiary and the Correspondent and does not form part of the Service or your agreement with AMINA EXCHANGE.

 

5. Refund / cancelation information

  • 5.1 If you wish to cancel a Transfer, you must contact AMINA EXCHANGE or the AMINA EXCHANGE agent location where you placed the Transfer. Following such a cancellation request, and unless payment to the beneficiary has already been made (whether in cash or to the Account) AMINA EXCHANGE shall, within 3 to 12 Business Days, refund to you the amount to be transferred pursuant to the Transfer and the fee for the Transfer less applicable fees s and service charges related to the cancellation (if any) on the condition that you provide AMINA EXCHANGE with the copy of (i) the valid Order and (ii) present and valid ID. An Order shall only be valid if the corresponding transaction is processed through AMINA EXCHANGE’s computerized system and contains the computer-generated imprint of the Correspondent’s name and address and the correct Order number. A Transfer may not be cancelled or refunded to you once the funds have been paid to the Beneficiary.
  • 5.2 If a Transfer is not paid to a Beneficiary within 21 or 30 days (depending on the AMINA EXCHANGE Correspondent involvement in the Transfer). AMINA EXCHANGE will automatically cancel the Transfer and notify you accordingly. Thereafter, the funds comprising the Transfer will not be available for collection by the Beneficiary and will be held by AMINA EXCHANGE on trust and you should contact AMINA EXCHANGE to arrange collection.

 

6. Transfer and the payment services regulations

This clause 6 (and its sub-clauses) explains certain important rights and obligations, including our liability to you, under the Regulation which apply to any Transfer governed by the Regulations which you ask us to perform for you. A Transfer will be governed by the Regulations where the Beneficiary is located within the European Economies Area (“EEA”) and it is carried out in either euro, sterling or a currency of another EEA states that has not adopted the euro as its currency. The EEA comprises all member states of the European Union, together with Norway Iceland and Lichtenstein.

  • 6.1 Failure to perform or incorrect performance of Transfer
  • 6.1.1 We may be liable to you under the Regulations where we fail to perform or incorrectly perform any Transfer that you authorized us to perform.
  • 6.1.2 Where you believed we may have failed to perform or incorrectly performed such a Transfer, you should let us know as soon as possible and, if you request, we will make immediate efforts to investigate the matter and let you know the outcome of our investigation.
  • 6.1.3 Subject to clause 2.7 and 6.1.4, where we have failed to perform or incorrectly performed such a Transfer, we will without undue delay make good and correct the error and deliver the amount of the unperformed or incorrectly performed Transfer.
  • 6.1.4 You will not be entitled to the remedy mentioned in clause
  • 6.1.3:
    (a) if you do not inform us notice in writing without undue delay (and in any event not later than 13 months after the date on which the incorrect Transfer was performed) on your becoming aware that failure by us to perform a Transfer authorized by you or incorrect performance by us of a Transfer authorized by you may have occurred; or
    (b) where we able to show that the authorized amount was received at the appropriate time by the person to whom you instructed us to send the funds; or
    (c) if the failure to perfume or incorrect performance was due to you providing us with incomplete or incorrect information or was otherwise due to your fault.
  • 6.2 Where a Transfer is governed by the Regulations, AMINA EXCHANGE will ensure that, at latest, a Transfer paid as cash will be available for collection by the Beneficiary or a Transfer to an Account will be credited to the bank maintaining that Account, by the end of the second Business Day after the date of the Transfer.

 

7. Data Protection

  • 7.1 You agreed that:
    (i) AMINA EXCHANGE may use information provided by you (for example, your name, address, e-mail address, telephone number, occupation, date of birth, and details of the Transfer (including the purpose) and Beneficiary) to provide you with the Service, for AMINA EXCHANGE’s internal research and customer analysis and for AMINA EXCHANGE’s legal, compliance and/or regulatory requirements objectives. This may for example to conduct compliance transaction analysis and monitoring (AMINA EXCHANGE may hold and use that information to review transactions which are placed “on hold” as a result of AMINA EXCHANGE’s compliance filters being triggered and that information may be passed to and reviewed by a third party as a result of those filters being triggered).
    (ii) If you have consented and you have not withdrawn your consent in accordance with clause 7.2 or 7.3, AMINA EXCHANGE may use information provided by you to contact you in relation to our services and offers that we think are of interest to you.
    (iii) AMINA EXCHANGE may provide the information provided by you to affiliated companies, Correspondents and/or third parties for the purpose set out in (i), which may involve transfer and /or storage of your information outside the EEA. For example, AMINA EXCHANGE may transfer the information provided by you: (a) to the destination territory of the Beneficiary via the AMINA EXCHANGE system to facilitate the Transfer and such information may be viewed and otherwise processed by the Correspondent to facilitate the Transfer; and (b) to AMINA EXCHANGE affiliate storage database.
    (iv) In accordance with AMINA EXCHANGE’s data retention policy information provided by you and held by AMINA EXCHANGE may be held by AMINA EXCHANGE for (5) years.
  • 7.2 You may exercise your rights in relation to your information and withdraw your consents to contact you by email at any time by contacting AMINA EXCHANGE’s Compliance Department at: AMINA EXCHANGEservicesltd@gmail.com
  • 7.3 Once you authorized AMINA EXCHANGE to contact you through the AMINA EXCHANGE email service, this will remain active unless deactivated by you. AMINA EXCHANGE may use the email Service to notify you of details related to the Service and the Transfer and/or for marketing purposes (for example details of our service that we think are of interest to you). You will be solely responsible for any third-party charges in relation to the AMINA EXCHANGES email service. To deactivate the AMINA EXCHANGE email service or email (enclosing a copy of your ID) or telephone AMINA EXCHANGE Customer Services.
  • 7.4 You confirm that you have requisite authority to give AMINA EXCHANGE the personal data (for example, name, address and bank account details) of the Beneficiary to enable AMINA EXCHANGE to facilitate the Transfer. This will include AMINA EXCHANGE giving information to the relevant Correspondent (who may be located outside the EEA) for the purpose of the Transfer.



 

8. Complaints

  • 8.1 We value all our customers and take our obligation seriously. We have established internal procedures for investigating any complaint that may be made against us in relation to any Transfer. In accordance with our complaints procedure, any complaint you may make relating to any Transfer must be made or confirm to us in writing to AMINA EXCHANGE’s Compliance Department at info@aminaexchange.co.uk. If you are still dissatisfied following our response to any complaint. You may have a right to refer your complaint concerning the Transfer to the Financial Ombudsman Services (www.financial-ombudsman.org.uk, post: Financial Ombudsman Services, Exchange Tower, London, E14 9SR; telephone: 0800 023 4567; email: complaint.info@financial-ombudsman.org.uk. If you would like further details of our complaints policy relating to transfers please contact AMINA EXCHANGE’s Customer Services.

 

9. Rights of Third Parties

  • 9.1 A customer who is not a party to the agreement will not have any rights under the Contracts (rights of Third Parties) Act 1999 to enforce any provision of the agreement.

 

10. Severability

  • 10.1 In the event any provision (or part provision) of agreement (whether in the Order or these T&C) is held by any court or authority of competent jurisdiction to be invalid, illegal or unenforceable that provision or part-provision will, to the extent required, be deemed not to form part of the agreement, and the validity and enforceability of the other provision of the agreement will not be affected.

 

11. Language, Governing Law & Jurisdiction

  • 11.1 Whether AMINA EXCHANGE provides you with the translation of the English version of the Order or these T&C, you agree that the translation is only for your convenience. The English version of the Order and these T&C are the authoritative versions and will govern the provision of the Service by AMINA EXCHANGE to you.
  • 11.2 The agreement is to be construed in accordance with the law of English and Wales and any dispute with respect to the government is to be subject to the exclusive jurisdiction of the English courts.

 

12. Contact Us

Amina Exchange & Travel Ltd

 

177A Upper Tooting Road, SW17 7TJ

info@aminaexchange.co.uk

02 08 772 4481