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Ria Financial Services New Zealand
PLEASE READ CAREFULLY.
THESE TERMS AND CONDITIONS FORM PART OF THE LEGALLY BINDING AGREEMENT BETWEEN YOU AND RIA FOR MONEY TRANSFER SERVICES.
This Agreement (as defined in Clause 12) is between you and Ria Financial Services New Zealand Ltd. (“Ria”), whose NZBN 9429033287843 and whose registered office is at Level 4/ 32 Mahuhu crescent, Auckland, 1010
2.1 Ria will provide you (“Sender”) with a money transfer service (“Service”) through its international network of authorised representatives (“Correspondents”) which will enable you to transfer funds (“Transfer”) to your chosen recipient (“Beneficiary”).
2.2 In order to provide the Service, Ria requires you to place the transfer funds, including any Transfer Fee (as defined below) into Ria’s bank account (“Ria Account”) in the manner notified to you by Ria after your registration with Ria for the purposes of the Service. If this is done in one of Ria’s stores or agencies, then it may be by providing funds at the time of the transaction. Where the transaction is conducted by telephone or electronic communication, such transactions may be subject to additional terms and conditions and Ria will advise you of the mechanism for payment to Ria.
2.3 For transactions equal or over 3,000NZD processed over the phone, via email or chat, Ria will only release the order once the payment has been credited in our designated Ria bank account.
2.4 Ria does not capture, store, record, monitor, intercept or transmit any bank account information that is input or used by any person initiating a transaction, that might enable unauthorised access to, or the conduct of unauthorised transactions from, any banking account.
You agree that by placing the transfer funds into the Ria Account you irrevocably consent to the execution of the Transfer transaction.
You acknowledge that message and data rates may apply to SMS messages. Ria may send notices to you about your Transfer, your use of the Service or for other purposes, such as providing you with details regarding new developments, products, services and special offers. We may use any email address or other personal information you provide to us at any time for this purpose.
However, if you prefer not to be contacted for any of the above mentioned reasons or via any of the above mentioned means, you have the option to unsubscribe or opt-out if you so desire. To stop receiving SMS messages, reply “STOP” to any Ria SMS message received. To stop receiving email messages, please send an email message to email@example.com with your request. You may also call Ria at 0 800 453 005 for assistance.
- Transfer Information
4.1. The Transfer will be paid to the Beneficiary in cash, cheque or, where available and if so directed by you, to a bank account held by the Beneficiary (“Account”).
4.2. You agree to bear all fees for the Transfer, including any local taxes or service charges that apply to the Transfer in the destination country (“Transfer Fee”).
4.3. While Ria will try to ensure the Transfer is available for collection by the Beneficiary at the selected Correspondent’s location on the date of the transaction and during the hours of operation of the Correspondent, Transfers may be subject to delay due to circumstances outside Ria’s control, such as exceeding account limitations, regulatory requirements, bank holidays or other conditions in the destination country. Accordingly, Ria makes no representation regarding the exact time when the Transfer will be available for collection by the Beneficiary.
4.4. If you have directed delivery to the Beneficiary’s Account, Ria makes no representation as to when the bank maintaining the Account will credit the Account.
4.5. The Transfer does not constitute a deposit held by Ria. Neither you nor the Beneficiary at any time hold a payment or deposit account with Ria. Ria receives and holds your Transfer funds solely in connection with the Service and effecting the Transfer to your designated Beneficiary.
4.6. You agree to provide Ria with full and accurate information to the best of your knowledge as required for the purposes of the Service. Ria may not complete the Transfer of funds to the Beneficiary without such information. Subject to Clause 9.4, Ria will not be responsible for any delay or wrong payment due to incomplete or incorrect information being provided by you.
4.7 The Transfer may be cancelled by Ria, in its sole discretion, if the Beneficiary does not collect the Transfer from the Correspondent within fifteen (15) days of the date of the Transfer.
4.8 You acknowledge and agree that:
4.8.1 you have obtained the Beneficiary’s consent to providing their personal information to Ria for the purpose of Ria facilitating the Transfer; and
- Foreign Exchange
5.1. A Transfer will normally be paid out in the currency of the Beneficiary’s country; however, the option to pay out a Transfer in additional currencies may be available in some destination countries and/or through certain Correspondents. Please inquire as to such options at the time you place your Transfer order with Ria. In such case, you will be asked to select the currency to be paid out to your Beneficiary. In the event that, subsequent to the payment of a Transfer to your Beneficiary in the currency you indicated, the Beneficiary would request the Correspondent to convert the payout amount into a different currency, the Correspondent may convert the payout amount to such currency, but such foreign exchange transaction shall be separate and apart from the Transfer, and solely between the Correspondent and the Beneficiary. Ria shall not bear any responsibility in connection with any fees or obligations which arise from such subsequent and separate foreign exchange transaction.
5.2. In addition to the Transfer Fee applicable to the transaction, in cases where the Beneficiary will receive a currency other than New Zealand dollars (“NZD”), Ria will convert NZD into the payout currency at Ria’s retail currency exchange rate (“Ria’s Exchange Rate”) at the time of the Transfer.
5.3. Any monies arising from the difference (if any) between Ria’s Exchange Rate and the wholesale exchange rate received by Ria will be kept by Ria and/or its Correspondents.
- Refund Information
6.1. Unless payment to the Beneficiary has already been made, and to the extent permitted by law, if you request a refund of your Transfer (or your Transfer is cancelled for any reason), Ria will refund you the principal Transfer amount (at Ria’s Exchange Rate at the time of the Transfer) on the condition that you provide Ria with a copy of a valid receipt and present valid identification. A receipt is not valid unless the corresponding transaction is processed through Ria’s computerised system and contains the computer generated imprint of the Correspondent’s name and address and the correct order number.
6.2. To the extent permitted by law, Ria will not refund the Transfer Fee if the Transfer is stopped or otherwise cancelled at your request.
- Anti-Money Laundering and Counter-Terrorism Financing
7.1. You must provide all information to Ria which will be reasonably require by Ria to comply with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 or to comply with any laws or regulations in New Zealand or any other country.
7.2. Ria may delay, block or refuse to process any Transfer without incurring any liability or without informing you of the reasons if Ria suspects that you have breached any laws or regulations in New Zealand or in any other country.
Ria will make available a receipt which can, at your election, either be e-mailed to your nominated e-mail address or collected from any Ria agent or store.
The receipt will set out:
- a unique identifier number (to identify the Transfer),
- information relating to the Beneficiary,
- the amount of the Transfer,
- the Transfer Fee for the Service,
- Ria’s Exchange Rate (where applicable), and
- the date of the transaction.
- Liability and Indemnity
9.1. Nothing in this Agreement (including without limitation this Clause 9) operates to exclude, restrict or modify, or has the effect of excluding, restricting or modifying, any statutory condition, warranty, guarantee, right or remedy implied by law (including the New Zealand Consumer Guarantees Act) and which cannot be excluded, restricted or modified.
9.2. If Ria fails to comply with a statutory guarantee which by law may not be excluded, then to the extent the law permits Ria to limit its liability in respect of such failure, subject to Clause 9.3, Ria’s liability is limited to:
9.2.1 the re-transfer of the principal Transfer amount; or
9.2.2 the payment of the cost of re-transferring the principal Transfer amount.
9.3. The liability of Ria excludes, to the extent that any loss or damage suffered by you is attributable to fault or negligence on your part or on the part of any person for whom you are responsible, such loss or damage. If you provide Ria with incorrect information in the form regarding the Beneficiary, Ria will not be liable for the non-execution or the defective execution of the Transfer. However, Ria will make all reasonable efforts to recover the Transfer. Ria may charge you for the recovery of the Transfer.
9.4. Except as provided below, Ria shall not be liable for any amount in excess of the amount equal to the principal Transfer amount and the Transfer Fee paid by you. Ria accepts no liability for service delays or any failure to perform the transaction in accordance with your instructions if these are due to local regulations or circumstances outside Ria’s control. Ria will not be liable for any indirect or consequential loss. Ria will not be responsible for goods and services that may be paid for by a Transfer.
9.5. Nothing in this Clause 9 will limit Ria’s liability for:
(i) death or personal injury from its negligence; or
(ii) fraud committed by Ria.
9.6 You agree to indemnify and hold Ria harmless from and against any loss, damage, cost, claim or liability (including direct and consequential losses such as loss of profits) incurred by Ria:
9.6.1 arising from or as a result of your breach of this Agreement;
9.6.2 arising from or as a result of any misdescription or misrepresentation in the Transfer form;
9.6.3 arising from or as a result of payment to a person whom Ria reasonably believes to be the Beneficiary;
9.6.4 in relation to the person you have nominated as the Beneficiary;
9.6.5 arising from or as a result of Ria’s cancellation of a Transfer pursuant to your instructions; or
9.6.6 arising from or as a result of Ria’s cancellation of a Transfer in accordance with Clause 7.2.
9.7 You agree to indemnify, defend and hold Ria harmless, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable lawyer fees, resulting from any violation of this Agreement by you.
9.8 You also agree to indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right).
9.9 If you provide incorrect information about the Beneficiary and the funds are deposited to an account which is not the Beneficiary’s Account, Ria shall not be liable for any resulting loss.
9.10 Once the funds are transferred to the Beneficiary, the transfer of the funds is final and irrevocable. However, if Ria is unable to remit the funds to the Beneficiary, as the Beneficiary cannot be located or does not otherwise present himself/herself at the Correspondent to collect the funds, and to the extent permitted by law, Ria will refund the Transfer funds less the Transfer Fee to you.
- Privacy Compliance, Identity Verification and Consents
10.2. You warrant to Ria that you have full authority and consent to provide the Beneficiary’s details to us and our Correspondents in connection with the Transfer.
10.3 In transacting with Ria, you authorise the disclosure of your personal information to and verification of your identity by Equifax in accordance with the terms set out below:
(i) You understand that:
- The verification Portal is operated by Equifax (NZBN 9429042175025) and that Equifax is responsible for the portal;
- Equifax is a credit reporting body that will verify your identity against personal information held by Equifax;
- Equifax will disclose your personal information to the Department of Internal Affairs (govt.nz/services-document-authentication-index)
- Information entered into this portal and the verification results will be used by Equifax to prepare a report for Ria (NZBN 9429033287843) to assist in meeting its obligation to identify and verify its customers pursuant to the AML/CFT Act 2009;
10.4 In addition to the method for verifying your identity described in Clause 10.3, you may also elect to have your identity verified by the following method:
10.4.1 Remote verification: you can provide us with a certification from a Justice of the Peace certifying that your identification has been verified. Such certification should be provided to Ria via post to the following address:
Ria Disputes Resolution Manager
c/o Ria Financial Services Australia Pty Ltd,
Level 1, 75 Castlereagh Street,
Sydney, NSW 2000, AUSTRALIA
10.5 Acknowledgment of express, informed and genuine consent as set out in the Privacy Principles 5 to 11 in section 6 of the Privacy Act 1993, prior to making a verification request:
10.5.1 You actively agree to Ria to conduct electronic identity verification of an individual’s full name, date of birth and address by:
- verifying your identity against personal information held by two reliable and independent electronic sources, or against a single independent electronic source that is able to verify an individual’s identity to a high level of confidence; and
- Verifying your date of birth from at least one reliable and independent source; and
- Verifying your address from at least one reliable and independent source.
10.5.2 You specifically consent to the disclosure of your personal information by Ria to the Credit Reporting Agency (CRA) used by Ria.
Ria will only use the assessment by the reporting entity for the purpose of verifying your identity for the purposes of the AML/CFT Act.
10.5.3 To ensure that your consent is genuine, Ria offers another option, not reliant upon credit reporting information, for verifying your identity as follows:
- Equifax Credit File
- Equifax Id Plus
10.6 As set out in in the Privacy Principles 5 to 11 in section 6 of the Privacy Act 1993 Ria agrees to notify in writing the Applicant if:
A failure to verify the information in the assessment from the CRA does not allow Ria to verify the Applicant identification information. The record must contain:
- The name of the CRA to which the request was made
- The personal information provided to the CRA.
- The assessment received
11.1. If you need to make a complaint relating to the Service, please contact Ria’s Customer Services by telephone, post or email as set out in Clause 16.
11.2. If Ria is unable to resolve your complaint, you may also complain to the Financial Complaints Services Limited in New Zealand (FCSL) by post addressing your complaint to Financial Services Complaints Limited (FCSL), P O Box 5967, Lambton Quay, Wellington 6145, New Zealand or lodging an online complaint to firstname.lastname@example.org or by fax to (04) 472 3728.
- Entire Agreement
You agree that our agreement includes only these terms and conditions and the transfer form (collectively the “Agreement”) and this is the entire agreement and understanding between you and Ria and supersedes and terminates any prior agreement between you and Ria.
- Rights of Third Parties
A person who is not a party to the Agreement will not have any rights to enforce any provision of the Agreement other than at law.
In the event any provision (or part provision) of the Agreement 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 provisions of the Agreement will not be affected.
- Language, Governing Law & Jurisdiction
15.1. Where Ria at its discretion provides you with a translation of the English version of any part of the Agreement, you agree that the translation is only for your convenience and does not form part of the Agreement. The English version of the Agreement will govern the provision of the Service by Ria to you.
15.2. The Agreement is to be construed in accordance with the law of Australia and any dispute with respect to the Agreement is to be subject to the exclusive jurisdiction of the Australian courts.
- Contact Us
16.1. Ria’s Customer Services may be contacted by telephone on 0800 453 005 or via email at email@example.com. If you wish to contact us via post, you may write to us at Level 1, 75 Castlereagh Street, Sydney, NSW, 2000, Australia.
16.2. You may contact Ria’s Customer Services for the addresses and hours of operation of the Correspondents’ locations in the Beneficiary’s area.
- 17. Notices
17.1 Any notice given or made under this Agreement may be sent by email if:
17.1.1 the notice is sent to the email address last notified by the intended recipient to the sender; and
17.2.1 the sender keeps an electronic or printed copy of the notice sent.
17.2 A notice sent by email will be deemed to have been given on the first to occur of:
17.2.1 receipt by the sender of an email acknowledgement from the recipient’s information system showing that the notice has been delivered to the email address stated above;
17.2.2 the time that the notice enters an information system which is under the control of the recipient; or
17.2.3 the time that the notice is first opened or read by an employee or officer of the recipient.
18.1 This Agreement may be terminated immediately by you or Ria by notice to the other. However, termination by either party shall not affect any Transfer or other transaction previously entered into and shall not relieve either party of any outstanding obligations arising out of this Agreement, nor shall it relieve you of any obligations arising out of any Transfer entered into prior to such termination.
18.2 In the event that Ria is made aware of or has reason to believe any of the following:
18.2.1 that you have provided false or misleading information to Ria; or
18.2.2 that you have participated or are participating or have assisted or are assisting in money laundering or terrorist financing; or
18.2.3 that you are being officially investigated by law enforcement and/or regulatory agencies; or
18.2.4 that you have contravened any laws,
then Ria, at its sole discretion, may terminate this Agreement immediately by notice to you, to the extent notice is permitted under applicable laws, and Ria shall be relieved of any obligations set out in this Agreement or arising out of the transactions contemplated by the Agreement between the parties.
19.1 Ria may make modifications, alterations, changes or variations to any term of this Agreement, by notifying you in writing, including by email, of the details of the amendment or modification. Any modification or change to this Agreement will take effect after a period of 14 days has elapsed from the date when you are notified of the modification or change. You may not make any changes or modifications to this Agreement.