Remittance Recipient Service Agreement
IMPORTANT NOTICE: this Agreement is not a solicitation of Sendwave’s services and Sendwave is not targeting any country/region or marketing through this Agreement. Sendwave does not provide a money transfer service from, or electronic money or any other regulated financial services in, your country.
You are not a customer of Sendwave by downloading and using the Recipient App.
1. CONTRACT FORMATION AND OVERVIEW
1.1 These terms and conditions ("Terms and Conditions") govern the terms under which you can use our Recipient App.
1.2 These Terms and Conditions, together with any bespoke FAQs or terms of service which you will be required to agree to form your agreement with us for use of the Recipient App (the "Agreement").
1,3 By accessing, registering and using the Recipient App, you agree to be bound by the terms of the Agreement.
1.4 The language of the Agreement is English, and all services carried out in connection with it will be in English.
1.5 You can obtain a copy of the Agreement at any time by asking us to send you a copy via email.
1.6 In the Agreement, the terms "Sendwave", "we", "us", and "our" refer to WorldRemit Corp, together with its employees, directors, successors, and assigns. WorldRemit Corp (dba Sendwave) is a company registered in Delaware and whose principal place of business is at 100, Suite #9, Hano Street, Boston MA 02134.
1.7 The terms "you" and "your" refer to you, the person who has registered to use the Recipient App described in the Agreement.
1.8 The term “Sendwave Customer” means an individual who has a Sendwave Account and can initiate money transfers. For more information on Sendwave including eligibility criteria and terms and conditions please visit https://www.sendwave.com/terms-and-conditions
1.9 The term “Recipient” means an individual who is known to a Sendwave Customer and who has received a money transfer from a Sendwave Customer before.
1.9 This Agreement will be treated as coming into effect on the date you sign up to our Recipient App and will continue for an indefinite period, until terminated by you or us.
2. RECIPIENT APP
The Recipient App is a mobile application that is available for android download only by a Recipient who receives an invitation from a Sendwave Customer. It will allow the Recipient to:
Request a Sendwave Customer to initiate a money transfer (the “Fund Request”) Allow the Sendwave Customer to accept or decline the Fund Request Allow the Sendwave Customer to select the way in which the Fund Request is paid out. Depending on the country the Recipient is based is this could be either: bank account, mobile money, or cash pick-up; and Allow the Recipient to track the Funds Request through to pay-out. The Recipient App is also available for general download from Google Play, however, in order for the Recipient to be able to utilise the app they will need an invitation link from the Sendwave Customer.
3. PROVISION AND USE OF SERVICES
3.1 Subject to the terms of the Agreement, we agree to provide the Recipient App to you using reasonable care.
3.2 In order to use the Recipient App, you must have a mobile device capable of downloading and supporting the functionalities of the Recipient App.
3.3 You may not be able to use the Recipient App, or some of its functions, if you are permanently or temporarily located in certain regions, countries, or jurisdictions.
3.4 You must not access, use or attempt to use the Recipient App unless you are at least 18 years old or the age of majority in your country of residence. It is your obligation to comply with the local laws which affect you.
3.5 You must not use any device, software or routine to interfere or attempt to interfere with the proper working of the Recipient App.
3.6 When registering for and using the Recipient App, you must; provide us with your name, email, and phone number; any other information which we may require from time to time; and promptly update your personal information if and when it changes.
3.7 You must take reasonable steps to keep the details you use to access the Recipient App safe and to prevent their fraudulent use, which include: disguising those details if you write them down; not sharing your login details with anyone else; and following any reasonable instructions which we give you or publish in our Recipient App from time to time which are intended to help you keep your use of the Recipient App safe.
3.8 You must not use the Recipient App in connection with illegal or prohibited activity including but not limited to money-laundering, fraud and the funding of terrorist organisations, activities which involve narcotics, steroids, pharmaceuticals, chemicals, drug paraphernalia, tobacco, seeds, plants, animals, military or semi-military goods or services, weapons (including dual-use goods), adult services or content, bitcoin or other cryptocurrency, binary options or gambling services or any other activities that are prohibited by our policies as amended from time to time.
3,9 If we reasonably believe you are using the Recipient App in connection with illegal or prohibited activities or are permitting a third party to do so, we may report you to the appropriate legal authorities.
3.10 When using the Recipient App or when interacting with us, with another user or with a third party, you must do the following:
comply with the terms of your Agreement with us as well as any applicable laws, rules or regulations; provide confirmation of any information you provide to us; co-operate in any investigation that we reasonably carry out, or that is carried out by any law enforcement agency, government agency or regulatory authority; not create more than one registration without our prior written permission; not provide false, inaccurate, or misleading information; not use an anonymising proxy (a tool that attempts to make activity untraceable); and not copy, access or monitor our Recipient Appusing any robot, spider, or other automatic device or manual process, without our prior written permission. 3.11 The Recipient App has not been developed to meet your individual requirements, and we do not represent or guarantee that the Recipient App will be suitable for your needs. It is your responsibility to ensure that the facilities and functions of the Recipient App meet your needs.
3.12 We can stop or block your access to and use of the Recipient App if we are required to do so by law, regulation, court order or on the instruction of a regulatory body; if you are in breach of this Agreement; or your details have been lost, stolen or compromised.
3.13 If you have any problems using the Recipient App you should contact us without delay through the channels listed at the end of this Agreement.
3.14 If you have any problems with receiving a money transfer, you must contact the sender directly.,
3.15 If you suspect or become aware that the details that you use to access the Recipient App have been lost, stolen, compromised, used without your authorisation, or used fraudulently, you must contact us immediately through the channels listed at the end of this Agreement.
3.16 Provided it would not be unlawful for us to do so, and it would not compromise reasonable security measures, we will contact you by phone or email if there is an actual or suspected fraud affecting your use of the Recipient App.
3.17 Nothing in the Agreement or in any other information provided by Sendwave as part of the services covered by the Agreement is intended to be, nor should it be construed to be, legal or other advice. You must consult your own professional advisers as to the effects of laws which may apply to the Agreement and the services under it.
3.18 We may be obliged by law to provide information about you and your use of the Recipient App to government or other competent authorities as described in our Privacy Policy.
4. INTELLECTUAL PROPERTY
4.1 The Recipient App, and the content, and all intellectual property relating to and contained in it (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by us, our affiliates, or third parties. All right, title and interest in and to the Recipient App will remain our property and/or the property of such other third parties
4.2 We grant you a non-transferable, non-exclusive licence to use the Recipient App, subject to the terms of your Agreement with us, our Privacy Policy and the applicable app-store terms (incorporated into these Terms and Conditions by reference) as may be amended from time to time. We reserve all other rights.
4.2 The Recipient App may be used only for the purposes permitted by this Agreement. You are authorised solely to view and to retain a copy of the pages of the Recipient App for your own personal use. You may not 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 Recipient App for any public or commercial use without our express written permission.
5. LIABILITY
5.1 Except where (and to the extent that) the laws and regulations applicable to us say otherwise, we will not be liable to you for:
any failure to make the Recipient App available to you, or any losses or delays in the transmission of messages or malfunctions in communication facilities when we carry out maintenance or updates or as a result of circumstances which could reasonably be considered to be due to abnormal and unforeseen circumstances or outside our control or due to our obligations under any applicable laws, rules or regulations; errors in the Recipient App and its use caused by incomplete or incorrect information provided to us or a sender by you; any use by you of the Recipient App which is in breach of this Agreement; any use by you of the Recipient App for commercial, business or resale purpose; any loss or damage which we could not reasonably have foreseen as being likely to occur as a result of something we have done or not done; or any loss or damage suffered by you as a result of you using the Recipient App on a ‘jailbroken’, ‘rooted’ or otherwise modified device.
5.2 Nothing in this clause 5 excludes or limits liability on our part for death or personal injury resulting from our negligence, or for fraud.
5.3 Save where the law says you are not liable, you will be liable to us, our subsidiaries, affiliates, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from all loss, damage, claims, actions or demands, including reasonable legal fees, arising out of any use by you (or anyone acting on your behalf) of the Recipient App which is in breach of your Agreement with us.
6. ELECTRONIC COMMUNICATIONS
6.1 The Agreement will be entered into electronically and all notifications shall be provided to you electronically by way of in-app messaging and push notifications.
7. CHANGES TO THE AGREEMENT
7.1 We can change, remove, vary or add to any of the terms of our Agreement with you at any time. These changes may include, but not be limited to:
changing or withdrawing the Recipient App or any of its functionality; introducing new functionalities that will form part of the Recipient App functionalities; reflect any changes in law regulation, codes of practice or guidance, or a recommendation, decision or order of a court, ombudsman, regulator or government body, or new statements, codes of practice or industry guidance designed to enhance consumer protection; reflect any changes in our business organisation (for example, if we merge with another organisation or transfer our business to another organisation) to provide you with extra benefits or additional services; to make the terms clearer or fairer to you, or to benefit you. 7.2 Whenever we decide to make a change, we will act reasonably, and any change will be proportionate to the circumstances giving rise to the change.
7.3 As our Agreement with you may last for a long time and we cannot anticipate everything that might happen during that time, we may also need to make changes for other justifiable reasons. If we do so, we will explain the reason to you when we tell you about the change.
7.4 We will give you personal notice of the changes two (2) months prior to the change where we make a change to your disadvantage. In this circumstance, you can ask us to terminate this Agreement at any time before the change comes into effect and the normal notice period for closure will not apply. If you do not ask us to do this, you will be treated as having accepted the change.
7.5 In the event of all other changes apart from those set out in clause 7.5 we can make the change immediately, without giving you personal notice. Instead we will update the copy of the Agreement in the Recipient App.
8. TERMINATION
8.1 You can terminate the Agreement at any time with immediate effect.
8.2 We can terminate the Agreement immediately at any time where you have breached the terms of the Agreement, intimidate, harass or threaten us (including our employees or agents), breach or attempt to breach the security of our Recipient App or where we are required to by law (including any instruction from a regulatory authority). In all other circumstances we will provide you with two months’ written notice.
8.3 Termination of this Agreement will not affect any claims that you have against us, or that we have against you, which arose before the date of termination.
9. COMPLAINTS
9.1 If you wish to make a complaint about any aspect of the Recipient App please visit our Contact Us page located here.
9.2 We will acknowledge receipt of your complaint promptly. We will investigate your complaint and come back to you with the results of our investigation as soon as reasonably practicable after the receipt of our acknowledgement of your complaint.
10. GENERAL
10.1 Governing Law: This Agreement, and our communications with you prior to you entering into this Agreement, will be governed by the laws and jurisdiction of the courts of the State of Delaware.
10.2 No Waiver: Our failure to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision.
10.3 Transfer of rights:You cannot transfer any of your rights under this Agreement to any other person. We can assign all or any of our rights under this Agreement to another person. We may also transfer all or any of our obligations, but only to someone we reasonably consider capable of performing them.
10.4 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements relating to the subject matter of this Agreement.
10.5 Severability: If any provision of the Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give appropriately valid effect to the intention of the Agreement as reflected in the provision, and the other provisions of the Agreement will remain in full force and effect.
10.6 External links: Any external links to third-party websites on our Recipient Appare provided as a convenience to you. These sites are not controlled by us in any way and we are not responsible for the accuracy, completeness, legality or any other aspect of these other sites including any content provided on them. You access such websites at your own risk.