GENERAL TERMS AND CONDITIONS FOR USING THE MOBILE REMITTANCE APPLICATION
1. General provisions
In the present Terms and Conditions the below terms shall have the following meaning(s):
3. Information we provide when the remittance transaction is complete
11.1 Your personal information will be treated and processed securely and strictly in accordance with applicable laws and regulations.
11.2 We will not treat customer information as confidential where it is already public knowledge or where it becomes public knowledge through no fault of our own.
11.3 We may disclose customer information if we are required to do so by law, by court order, by any statutory, legal or regulatory requirement, by the police or any other competent authorities in connection with the prevention or detection of crime or to help combat fraud, money laundering and terrorism financing. We may also report suspicious activity to appropriate competent law enforcement or government authorities.
11.4 For more details and information regarding the confidentiality, privacy and security please refer to our Privacy Policy which can also be found at:
MRUK: http://www.metrorem.co.uk/onlineremittance/privacypolicy
12. Eligibility and Access Rights
12.1 By using the Service you warrant that you are at least 18 years old and that you have a legal capacity to enter into legally binding contracts.
12.2 Without prejudice to your rights in relation to any transaction for Services in relation to which we issued a Confirmation (in accordance with clause 4 above), we reserve the right, at any time, to terminate or suspend your access to the Service without prior notice if:
12.2.1 You use the Service or attempt to use it for any Prohibited Purpose;
12.2.2 You attempt to transfer or charge funds from an account that does not belong to you;
12.2.3 We receive conflicting claims regarding ownership of or the right to withdraw funds from a debit card account;
12.2.4 You have provided us with false evidence of your identity or you keep failing in providing us with true, accurate, current and complete evidence of your identity or details regarding transactions;
12.2.5 You attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Mobile Application or to infect it with any Malicious Code;
12.2.6 You are in breach of these Terms and Conditions;
12.2.7 We have reason to believe that any of the foregoing has occurred or is likely to occur; or
12.2.8 A Compliance Officer has taken a discretionary decision to do so.
13. Limitations on our liability
13.1 If a remittance transaction is delayed or failed, you may have a right to receive a refund or reversal under FCA Regulations or Customs and Excise Department of Hong Kong. Please contact us at help@metrorem.co.uk or help@mbrchk.com for more information regarding refunds and reversals. A refund or reversal request should be made without undue delay, and in any event not later than 13 months after the debit date.
13.2 Claims for refund or compensation must be supported by all available evidence.
13.3 If a remittance transaction in accordance with a transaction you made and that we Confirmed is delayed or failed and you are not entitled to a refund or compensation under the FCA Regulations or Customs and Excise Department of Hong Kong we expressly limit our liability in respect of any such delayed or failed transfer (including for any claimed refund) to the greater of: (a) the amount of any service charge that was paid to us. The foregoing cap on our liability applies to any single transaction, act, omission or event and to any number of related transactions, acts, and omissions or events.
13.4 Except as provided in clause 6.5, we shall not be liable to you or to any third party in relation to the Services, whether for breach of contract, tort (including negligence), misrepresentation, unjust enrichment or any other grounds, for any indirect, incidental, consequential or special damages including any loss of profits or savings or anticipated profits or savings, loss of data, loss of opportunity, loss or reputation, goodwill or business or any economic loss, even if we are advised in advance of the possibility of such loss.
13.5 Nothing in this clause shall:
13.5.1 Exclude or limit liability on our part for death or personal injury resulting from our negligence,
13.5.2 Exclude liability for our fraud, our wilful misconduct or gross negligence.
13.6 We are not liable for the quality, safety, legality, or delivery of the goods or services that you pay for using the Services.
13.7 We shall not be liable for any delay in the delivery of funds to the beneficiary due to omissions, incorrect or incomplete information furnished by you.
13.8 We shall not be liable for any breach of our obligations under the Contract to you nor for any failure or delay in performance of any obligations under the Contract arising from or attributable to acts, events, omissions or accidents beyond our reasonable control, including, without limitation, where our failure to perform our obligations arise from:
13.8.1 an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, export controls, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, pandemic or epidemic, industrial disputes, shortages of raw materials or components, general disruptions to transportation, telecommunication systems, power supply or other utilities;
13.8.2 the acts, decrees, legislation, regulations or restrictions imposed by any government or state;
13.8.3 the actions or omissions of the third parties;
13.8.4 malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;
13.8.5 any losses or delays in transmission of messages arising out of the use of any internet access service provider or caused by any browser or other software which is not under our control; or
13.8.6 any Malicious Code interfering with the Service
(each, a “Force Majeure Event”).
13.9 Our performance under the Contract shall be deemed suspended for the period that the Force Majeure Event continues and the time for performance will be extended for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under the Contract may be resumed despite the Force Majeure Event.
14. Your responsibilities and obligations
14.1 You will not use the Service unless you are at least 18 years old and you have a legal capacity to enter into legally binding contracts.
14.2 The Fees for each Service we have provided to you have to be paid.
14.3 You shall comply with these Terms and Conditions as well as with any applicable laws, rules and regulations.
14.4 In relation to your registration and use of the Service you will:
14.4.1 Provide us with accurate, current, complete and true evidence of your identity and any additional information or evidence we may require to confirm your identity;
14.4.2 Supply us with all information and documentation we may ask in order to process your transfer and to comply with any legal requirements applicable to us or to our partners (including without limitation, the FCA Regulations and the Money Laundering Regulations and Customs and Excise Department of Hong Kong);
14.4.3 Update all information you provide to us to keep it accurate, current, complete and true;
14.4.4 Not use the Service for or in connection with any Prohibited Purpose or attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Mobile Application or to infect it with any Malicious Code;
14.4.5 Remittance transaction only from your own debit card or bank account. You may not submit a remittance on behalf of another person;
14.4.6 Not open more than one account with us;
14.4.7 Keep your Reference Number secure, you must not share the Reference Number or any other transaction details with anybody except the Beneficiary;
14.4.8 Use the Service to remit money only to people that you know personally or to pay for goods and services purchased from suppliers of whom you have sufficient knowledge and whose identity you verified. You acknowledge that we have no control over the suppliers or over the goods and services for which you use our Services to make payments and we have no responsibility for the quality, safety, legality, or the delivery of such goods or services to you.
14.5 You understand and accept that:
14.5.1 We are legally obliged to retain information about our users and the transactions that we process for up to 5 years or as may be required from time to time by applicable law or by any regulatory authorities;
14.5.2 You are giving us explicit and full consent to access, process and retain your personal data for the provision of payment services and for the prevention of Money Laundering and Terrorist Financing, and to prevent other related crimes or fraudulent activities and all applicable laws that may apply.
14.5.3 All currency converted as part of the Service will be converted using our exchange rate (as published on the Website or Mobile Application or as may be communicated to you before we issue a Transaction Confirmation);
14.5.4 We reserve the right to increase the FX Spread when the markets are closed (weekends, bank holidays) to prevent loss stemming from currencies fluctuating and ensure pay-outs for our customers (we will still display the rate that we are offering on the homepage and the final rate on the confirmation page before confirming the transaction);
14.5.5 You will be liable to us for all losses which we suffer or incur in relation to any fraud or fraudulent activity by you;
14.5.6 You must contact us as soon as possible if you believe or suspect that a transfer of funds was not executed properly or that the amount has not been received or was only partly received;
14.5.7 It is your responsibility to inform the Beneficiary of the information he/she will need to provide in order to collect the money you sent through the Service (such as personal identification, the exact amount of the remittance instruction and the Reference Number).
15. Written communications
Applicable laws and regulations require that some of the information we send to you or communications between you and us should be in writing. You agree to receive such written communications electronically. You also agree that electronic means of communication shall be effective for the purpose of the Contract between you and us. The foregoing does not affect your statutory rights.
16. Notices and communications
All notices given to us must be in the English Language and sent to MRUK, 1st Floor 12 Kensington Church Street, London W8 4EP, United Kingdom. For Metro Remittance (HK) Ltd (MRHK), our address is Unit D2 15th Floor United Centre, Admiralty, Hong Kong SAR. We may give notices to you in connection with any aspect of the Service or any remittance instructions either through the e-mail address or the address that you provided to us or in any other way permitted pursuant these Terms and Conditions. Notices to you will be deemed received and properly served immediately after an e-mail is sent to you at the address you provided, or where a notice is sent to your physical address.
17. Transfer of rights and obligations
17.1 We shall be entitled, without your consent, to transfer our rights and obligations under these Terms and Conditions and under any Contract to any of our affiliates or to any entity or person that acquires our business. Any such transfer of rights and obligation will have effect upon notice being given to you (including notices given through our Website and Mobile Application).
17.2 We are entitled to perform our obligations to you through subcontractors, agents and other third party service providers.
17.3 You may only transfer your rights and obligations under the Contract if we have agreed for this in writing.
18. Waiver
18.1 If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any clause of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or by law, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3 No waiver by us of any term in these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these Terms and Conditions.
19. Severability
If any court or competent authority holds that any of the provisions of these Terms and Conditions or any provisions of the Contract are invalid, unlawful or unenforceable to any extent, that shall not affect the other terms of these Terms and Conditions or the Contract which will continue in full force and effect to the fullest extent permitted by law.
20. Entire agreement
20.1 These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and you and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us and you relating to the subject matter hereof.
20.2 You acknowledge that, in entering into the Contract and accepting these Terms and Conditions, you do not rely on, or will have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not expressly set out in these Terms and Conditions or the documents referred to in them.
20.3 Nothing in this clause limits or excludes any liability for fraud.
21. Our right to vary these terms and conditions
21.1 We reserve the right to revise, amend or replace these Terms and Conditions from time to time.
21.2 Our Terms and Conditions in force at the time that you remittance instructions Services from us will have effect between you and us for the purpose of that remittance instruction. We may notify you of a change to the Terms and Conditions after you place a remittance instruction but before we send you the Confirmation, in which case, unless you notify us within a reasonable period of time and in any event within seven (7) days that you wish to cancel the transaction, the revised Terms and Conditions will apply.
22. Third party rights
A person who is not a party to this Agreement shall have no rights to enforce the provisions of this Agreement under the Contract.
23. Law and jurisdiction
Contracts for the usage of our services using the Mobile Application and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by either UK or HK laws. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of UK or HK. The foregoing shall be without prejudice to your statutory rights.
24. Intellectual property
24.1 The Mobile Application, the content, the name METROREMIT and other names, logos, signs, domain names, email addresses and other indications of origin displayed on the Mobile Application relating to our products and/or services and all intellectual property (IPRs) relating to them and contained in them (including but not limited to copyrights, patents, database rights, design right, trade-marks,) are owned by us, our affiliates or third party licensors. Other names and logos of third party product, service and companies displayed on the Mobile Application may be the trademarks of third parties. You shall not acquire any right, title or interest in any such IPRs by reason of the Services or the Contract and all right, title and interest in and to the Mobile Application shall remain our property and/or the property of such other third parties.
24.2 You may use the Mobile Application only for the purpose of the bona fide use of our Services as an individual consumer and only as permitted by these Terms and Conditions or described on the Mobile Application. You are authorized solely to view and to retain a copy of the screens of the Mobile Application for your own personal use. The Mobile Application and the Services may not be used for the purpose of testing the Service or to obtain information about the Service or about us. You are not allowed to duplicate, publish, modify, create derivative works from, participate in the transfer, post on the internet, or in any way distribute or exploit the Mobile Application or any portion thereof for any public or commercial use without our express written permission. You cannot: (a) use any robot, spider, scraper or other automated device to access the Mobile Application or to use the Service; and/or (b) remove or alter any copyright, trade mark or other proprietary notice or legend displayed (or printed screens from the Mobile Application)
25. Liability and governing law
These terms and conditions are in accordance with the laws of UK and HK, as maybe warranted, and METROREMIT reserves the right to change these terms and conditions and to terminate at any point in time. METROREMIT also accepts no liability for any use of the platform that doesn’t comply with this agreement.