Ria Money Transfer Terms and Conditions

Posted on [date] (v2021.03-01)

INTRODUCTION

Ria Financial Services New Zealand Limited (NZBN: 9429033287843), a company incorporated in New Zealand with its registered address at Level 4, 32 Mahuhu Crescent, Auckland 1010, New Zealand, is licensed for the provision of money transfer services and trades under the name 'Ria' and/or 'Ria Money Transfer' (hereinafter "Ria", "we", "our" or "us").

It is important that you to read and understand these terms and conditions ("Terms and Conditions") before you accept them. These Terms and Conditions are applicable to and available on the Ria Money Transfer mobile application managed by Ria and/or any other company within Our Group (the "Ria Money Transfer App"). They explain many of your responsibilities to us and our responsibilities to you, how and when our agreement with you can be terminated and the extent of our liability to you. Further information is available under the ‘FAQ’ section on the Ria Money Transfer App.

BY COMPLETING AND CONSENTING TO THE INFORMATION REQUIRED TO MAKE A PAYMENT TRANSACTION AND BY ACCEPTING THESE TERMS AND CONDITIONS, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE DO NOT USE ANY OF OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE A LEGALLY BINDING AGREEMENT AND IT IS IMPORTANT THAT YOU TAKE THE TIME TO READ THEM CAREFULLY.

CONSUMER FRAUD ALERT: WIRING MONEY IS JUST LIKE SENDING CASH. PROTECT YOURSELF FROM FRAUD BY SENDING MONEY ONLY TO PERSONS YOU KNOW OR CAN OTHERWISE VERIFY TO BE TRUSTWORTHY. CLICK HERE TO LEARN MORE ABOUT SENDING MONEY SAFELY WITH RIA. IF YOU BELIEVE YOU ARE THE VICTIM OF FRAUD OR A SCAM, PLEASE CONTACT US IMMEDIATELY AT 0800-450-403 Opt 2 OR BY EMAIL AT compliance-au@riafinancial.com AND CONTACT YOUR LOCAL LAW ENFORCEMENT AUTHORITIES.

1. OUR SERVICES

1.1. These Terms and Conditions govern the provision of Our Service, consisting of the execution of Payment Transactions initiated by you through the Ria Money Transfer App. These Terms and Conditions shall apply to your use of the Ria Money Transfer App where you instruct us to perform, and we agree to perform for you, any of Our Service, including all content, functionality and services offered through it.

1.2. Our obligations under these Terms and Conditions are conditional upon our acceptance of you as a user, which is at our sole discretion and we reserve the right to decline to provide Our Service to you without specifying a reason. You must promptly provide all information and documentation which we may request from you at any time to enable us to comply with any legal requirements relating to Our Service, including as required by anti-money laundering and anti-terrorist financing regulation, and you consent to us contacting you for these purposes.

2. DEFINITIONS

2.1. These Terms and Conditions use the following definitions:

(i) "Bank Card" means a Visa, MasterCard, or other acceptable credit card, or a debit card
(ii) "Bank Transfer" means the method of payment where you instruct your bank to send money or payment directly, or through a third-party payments company engaged by Ria (such as POLi Payments) for the purpose of facilitating your payments for Our Services, to Ria’s bank accounts.
(iii) "Business Day" means Monday to Friday excluding Bank Holidays and Public Holidays, in New Zealand
(iv) "Card Issuer" means the issuer and owner of a Bank Card
(v) "Our Group" is defined in clause 20 below
(vi) "Our Service" means the money transfer services which we provide through the Ria Money Transfer App
(vii) "Paying Agent" means a natural person or a legal entity acting as a third-party provider of payment services or an agent acting on our behalf or on behalf of an affiliate in Our Group who pays out a Payment Transaction initiated by you to a Recipient in the destination country identified by you
(viii) "Payment Order" means all instructions submitted by you to us requesting the execution of a Payment Transaction
(ix) "Payment Transaction" means the transfer of money to a Recipient
(x) "Recipient" means the individual designated by you as the receiver of the Payment Transaction who is a natural person and acceptable to us, and who receives the money transfer via a designated Paying Agent, by bank transfer to the bank account of such designated individual or via our home delivery service (where applicable)
(xi) "Ria Money Transfer App" is defined in the paragraph headed ‘Introduction’ above
(xii) The terms "you", "your", "yours" and "user" mean you, the person who is contracting with us using the Ria Money Transfer App for the provision of Our Service

3. FORMATION OF CONTRACT

Each Payment Transaction which we perform for you is a separate contract which incorporates these Terms and Conditions. At no time is a framework agreement concluded between you and us which obligates us to execute subsequent Payment Transactions. You shall inform the Recipient of the Payment Transaction accordingly.

4. CHANGES

4.1. We may amend these Terms and Conditions from time to time, for example in order to comply with changes in the law or regulatory requirements or due to changes in market conditions.

4.2. If we make any change to these Terms and Conditions, we will do so by email and/or by placing the revised version of these Terms and Conditions on the Ria Money Transfer App. We will also inform you of the date from which any change is to take effect (the "Effective Date").

4.3. Changes that we make to these Terms and Conditions will normally only apply to Payment Orders entered into after the Effective Date but will also apply to Payment Orders entered into before the Effective Date where we are required to do so by law or regulatory requirements. In any event, and for the avoidance of doubt, the updated version of these Terms and Conditions shall supersede any previous version.

4.4. We do not guarantee that the Ria Money Transfer App or any content on it, will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Ria Money Transfer App for business and operational reasons. We will try to give you reasonable notice (for example by posting a message on the Ria Money Transfer App) of any scheduled suspension or withdrawal.

5. ACCESS TO OUR SERVICE

5.1. By using the Ria Money Transfer App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract with us. If it comes to our attention through reliable means that a user is under 18 years of age, we will cancel that user’s account and delete all information regarding such user from our system and records.

5.2. You must have a valid user account in order to use Our Service ("user account"). You can apply through the Ria Money Transfer App to establish a user account by entering your personal information and a password, and confirming your acceptance of these Terms and Conditions. If we accept your application, we will establish your user account and activate it for use to access Our Service, subject to the limitations set forth in these Terms and Conditions. All information that you provide will be stored in your user account and maintained by us and/or certain companies engaged by us or our Group to provide Our Service.

5.3. You will be able to access Our Service via the Ria Money Transfer App by correctly entering your user name and password (together your "User ID") but in no other circumstances. Your User ID is strictly confidential, personal and non-transferable. It is your responsibility to ensure you keep your User ID and any other security features associated with your access to the Ria Money Transfer App (including any Payment Order details) safe and secure. NEVER SHARE YOUR USER ID WITH ANYBODY AND DO NOT WRITE IT DOWN ANYWHERE! If you become aware or have any suspicion that your User ID is no longer confidential or has been compromised in any way, you must contact us immediately by telephone at: 0800 450 403 or by email to: NZ_support@riamoneytransfer.com Any undue delay in contacting us may affect the security of Our Service and/or result in you being liable for any losses.

5.4. Once you have informed us of the unauthorised use of your User ID we will take all necessary action to prevent any further use of this information. We will inform you of such steps after having taken them and provide the reasons for taking such steps unless we are prevented from doing so for legal reasons. Taking these steps do not make us liable for any loss or damage caused as a consequence of your failure to comply with your duties under these Terms and Conditions. However, you may be entitled to the reimbursement or credit of a certain amount from your Card Issuer if your Bank Card or your bank account have been used in a fraudulent manner. Subject to relevant law and regulations, you will be responsible for damages caused to us as a consequence of the unauthorised use of your User ID.

5.5. We reserve the right to disable your User ID at our sole discretion for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms and Conditions.

6. REQUIRED HARDWARE AND SOFTWARE

6.1. You must provide and/or obtain any equipment or telecommunication lines including a computer or device and an operating system and a printer to print out and retain records on paper, in electronic storage or on other durable medium, as may be necessary for you to use Our Service. You acknowledge that certain software and equipment used by you may not be capable of supporting certain features of Our Service. You should print out and retain a copy of all of the notices, disclosures and statements we send to you electronically.

6.2. To access and keep notifications, disclosures and statements which are provided electronically, you must have:

(i) A device which operates on a platform with the quality of the Android or iOS environment, or higher
(ii) An internet connection
(iii) A current version of Android 4.4 (or higher) or iOS 8 (or higher)
(iv) A device and operating system capable of supporting all of the above

6.3. We reserve the right to discontinue support of a current version of software if, in our opinion, it suffers from a security or other flaw that makes it unsuitable for use with Our Service. By "current version", we mean a version of the software that is being supported and is compatible with the Ria Money Transfer App at any given time.

6.4. We reserve the right, at our sole discretion, to communicate with you via post.

6.5. We are not responsible for the content, policies, goods or services of any other persons or websites linked to or accessible via the Ria Money Transfer App. The existence of any link to any other mobile application or website does not constitute an endorsement of, or association with, any such mobile application, website or any person operating any such mobile application or website. Any reliance on any content, policies or services of any other persons, mobile applications or websites is at your sole risk. Any queries, concerns or complaints concerning such mobile applications or websites should be directed to the persons responsible for their operation.

6.6. You may bookmark the Ria Money Transfer App or add it to your favourites, but you must not create a link to any part of the Ria Money Transfer App or in any way suggest any form of association, approval or endorsement on our part where none exists.

7. ISSUE OF PAYMENT ORDERS

7.1. Subject to these Terms and Conditions you will be able to use Our Service by logging into the Ria Money Transfer App and giving us your Payment Orders. Our Service is available for Payment Transactions to a wide choice of destination countries and in a wide choice of currencies as set out from time to time on the Ria Money Transfer App.

7.2. Payment Orders must include such information, as we determine from time to time, required to provide Our Service to you including (but not limited to) the following information:

(i) name and other details identifying the Recipient
(ii) destination country of the Payment Transaction
(iii) amount and currency of the Payment Transaction; and
(iv) in case of a Payment Transaction to a Recipient’s bank account, the International Bank Account Number ("IBAN") when such bank account has an IBAN code, or the bank account number as corresponds in each case.

7.3. We will only accept a Payment Order which is given to us through the Ria Money Transfer App. Your instruction to perform a Payment Transaction will be treated by us as your consent for us to proceed with, and our authorisation to, perform that Payment Transaction.

7.4. Further information and explanation about the steps you need to take to ask us to perform a Payment Transaction for you will be given to you when you ask us to do this and can be found under the "FAQ" section of the Ria Money Transfer App.

7.5. Payment method

Where applicable, we may accept payment by Bank Card or by Bank Transfer as the designated method of payment to us for the execution of your Payment Transaction and the customer fee we charge for the Payment Transaction. You must:

(i) (a) by Bank Card: authorise your Card Issuer to transfer the funds required by us for the Payment Transaction so that: (a) such funds are charged to the account linked to your Bank Card; and (b) we receive an authorisation from the Card Issuer and subsequently receive the funds required by us to proceed with the Payment Order; or

(b) by Bank Transfer: authorise your bank to transfer the funds required by us for the Payment Transaction so that: (a) such funds are debited from your account; and (b) we receive the funds required by us to proceed with the Payment Order; and

(ii) ensure that your method of payment has sufficient funds or credit available and received by us in time to enable us to proceed with the Payment Order; and
(iii) ensure that we have received the funds we tell you are required to proceed with the Payment Transaction before we execute your Payment Order. This sum must be immediately available to us in cleared funds and made by your Bank Card or by Bank Transfer from your bank account.

7.6. We do not provide credit and are not able to advance any funds to cover any part of a Payment Transaction.

7.7. You acknowledge and agree that all Payment Transactions authorised by you are subject to all applicable laws.

7.8. Your Card Issuer and/or your bank or credit institution will also have terms and conditions that apply to your use of your Bank Card or Bank Transfer services, or bank account and you must refer to such agreement(s) when providing the funds required for the Payment Transaction to proceed as such terms and conditions may include the application of fees and charges and other provisions imposed by your Card Issuer and/or your bank or credit institution.

8. CURRENCY EXCHANGE

8.1. If you ask us to execute a Payment Transaction in a currency other than New Zealand Dollars, we will apply an exchange rate in addition to any service charge and we will tell you what that exchange rate is.

8.2. For further information about the price calculator (setting out available currencies and countries and exchange rates), payout locations and customer fee and exchange rates, please consult the FAQ section on the Ria Money Transfer App.

9. PAYMENT TRANSACTION EXECUTION

9.1. Our Service provides various options by which a Payment Transaction is received, including cash at a Paying Agent, direct to a bank account or via our home delivery service, where available.

9.2. Collection of a Payment Transaction via a Payment Agent

If we receive a Payment Order together with the necessary cleared funds to be transferred and the fees associated with the Payment Transaction prior to the close of business on a Business Day, the Payment Order will be deemed to have been received by us on that Business Day ("Day of Receipt"). If a Payment Order is received by us after closure of business on a Business Day or on a day that is not a Business Day, the Payment Order will be deemed to have been received on the next Business Day immediately following receipt of the Payment Order.

9.3. Subject to relevant laws and regulations, we shall proceed with the execution of the Payment Order and make funds available to the Recipient at the latest by the end of such Business Day following the Day of Receipt.

9.4. For regular Payment Transactions the funds are normally available for collection within a few minutes, subject to the business hours of the respective Paying Agent, where applicable. For some countries, Our Service may be delayed or other restrictions may apply. If you require further information, please contact our customer service team, the contact details of whom are in clause 25 of these Terms and Conditions.

9.5. To collect a Payment Transaction from a Paying Agent, the Recipient must provide all details about the Payment Transaction required by us ("Collection Details"). The Recipient must also provide photographic evidence of identity and, in some instances, further information and/or documentary evidence as required by us or local laws and regulations. The acceptable forms of evidence of identity differ depending on the country in which the funds are to be collected.

9.6. YOU MUST NOT GIVE ANY OF THE COLLECTION DETAILS (REDACTED OR OTHERWISE) TO ANYONE OTHER THAN YOUR CHOSEN RECIPIENT. YOU MUST ALSO DO ALL YOU REASONABLY CAN TO ENSURE THAT NO ONE, OTHER THAN YOUR CHOSEN RECIPIENT, CAN OBTAIN THE COLLECTION DETAILS OR ANY PART OF THEM. IF YOU DIRECTLY OR INDIRECTLY DISCLOSE ANY COLLECTION DETAILS TO ANYONE OTHER THAN YOUR CHOSEN RECIPIENT, WE WILL NOT BE LIABLE IF WE PAY THE FUNDS TO SOMEONE OTHER THAN THE RECIPIENT, WHO GIVES THE PAYING AGENT THE COLLECTION DETAILS AND, WHAT THE AGENT BELIEVES TO BE VALID EVIDENCE OF IDENTIFICATION.

9.7. For a Payment Transaction which is to be paid to the Recipient’s bank account, the funds will be made available to the Recipient at the latest by the end of the fourth Business Day after the Day of Receipt.

9.8. Banking practices may vary from bank to bank, and the destination country in which the funds are to be credited. For more information on when a Payment Transaction will be credited to such an account, you will need to contact the Recipient’s account provider.

9.9. Once a Payment Order is received by us it shall be irrevocable except to the extent that it may be withdrawn by you as provided for in relevant laws and regulations and as set out in clause 17.

9.10. If we execute a Payment Order based on incorrect details provided you, we will not be liable for any losses incurred, although we will attempt to assist in the recovery of the payment amount and we reserve the right to charge you a fee to cover our reasonable costs for doing this.

9.11. Once a Payment Order has been accepted by us in accordance with these Terms and Conditions, we will provide you with the following information in electronic format, without undue delay:

(i) a reference number enabling you to identify the Payment Transaction and the Recipient
(ii) the amount of the Payment Transaction stated in the currency used in the Payment Order
(iii) confirmation of any customer fees and/or costs related to the Payment Transaction that you must pay to us
(iv) the exchange rate used by us to execute the Payment Transaction and the amount of the Payment Transaction after this currency conversion (if a Payment Transaction involves currency exchange)
(v) the date we received the Payment Order

9.12. When a Payment Transaction has been confirmed you will automatically receive an e-mail notification at the address you provided. Once the Payment Transaction has been executed by us you will also receive e-mail notifications at the address you provided to us confirming (i) when the funds have arrived and (ii) if applicable, when the funds have been collected by the Recipient.

9.13. If a Payment Transaction has not been paid to a Recipient within a minimum of 15 days to a maximum of 30 days (depending on the country in which the funds are to be collected and the Paying Agent involved in the Payment Transaction – please contact our customer service for more information), we will automatically cancel the Payment Transaction and notify you accordingly. Thereafter, the funds comprising the Payment Transaction will not be available for collection by the Recipient and will be held by us on trust until we are able reimburse the same to you (which shall be via the same payment method you used to fund the Payment Transaction).

10. UNAUTHORISED PAYMENT TRANSACTIONS

10.1. We may be liable to you if we perform a Payment Transaction for you that you did not authorise us to perform.

10.2. Where you believe we may have performed a Payment Transaction that you did not authorise, you should let us know as soon as possible via the contact details set out at clause 25 below.

10.3. Subject to clause 10.4 below, where we have performed such a Payment Transaction, we will immediately refund to you in full the amount of that Payment Transaction.

10.4. You will not be entitled to any such refund:

(i) if you do not inform us by notice in writing without undue delay on your becoming aware that an unauthorised Payment Transaction may have occurred, and in any event not later than 2 weeks after the date on which the unauthorised Payment Transaction was made; or
(ii) if the Payment Transaction was authorised by you.

10.5. You will be liable to us for all losses which we suffer or incur relating to any fraud or fraudulent activity by you at any time.

11. NON-EXECUTION OR FAULTY EXECUTION OF PAYMENT TRANSACTIONS

11.1. We may be liable to you if we fail to perform or incorrectly perform any Payment Transaction that you authorised us to perform. Where you believe we may have failed to perform or incorrectly have performed such a Payment Transaction, 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.

11.2. Subject to clause 11.3 below, where we have failed to perform or have incorrectly performed a Payment Transaction, we will without undue delay make good and correct the error and deliver the amount of the unperformed or incorrectly performed Payment Transaction as originally instructed.

11.3. You will not be entitled to the remedy mentioned above:

(i) if you do not inform us by notice in writing without undue delay (and in any event not later than 2 weeks after the date on which the incorrect Payment Transaction was performed) on your becoming aware of our failure to perform a Payment Transaction authorised by you or incorrect performance by us of a Payment Transaction authorised by you may have occurred.
(ii) if we are able to show that the authorised amount was received at the appropriate time by the Recipient; or
(iii) if the failure to perform or incorrect performance was due to you providing us with incomplete or incorrect information or was otherwise due to your fault.

11.4 We will have no liability to you for failure to execute, or any incorrect execution of, a Payment Transaction where the reason was our refusal to proceed with that Payment Transaction or any part of it.

12. FEES

12.1. Use of Our Service will incur a customer transaction fee which will be charged to the Bank Card or included in the Bank Transfer you identify as the payment method for your Payment Transaction, customer fee and any other costs as provided in these Terms and Conditions.

12.2. Before execution of a Payment Order we shall provide information to you regarding the fee and any applicable exchange rates, which will be displayed in the order preview section of the Ria Money Transfer App.

12.3. In addition to any fees charged by us, a Payment Transaction may be subject to other fees, costs and exchange rates payable to other parties for example banks and other payment institutions involved in the Payment Transaction as well as deductions that may apply (for example for tax) as required by the authorities of the destination country of the Payment Transaction. The amount that we deduct will be no more than the amount of our legal responsibility.

12.4. If you use your mobile phone in connection with a Payment Transaction, you will also be responsible for any fees that your service provider may charges, such as fees for SMS, data services.

13. SET OFF

You agree that we may set off any amount you owe us against any sums owed by us to you.

14. PAYMENT TRANSACTION RESTRICTIONS

14.1. We reserve the right, at our sole discretion to: (i) refuse to process a Payment Transaction; (ii) limit the amount of a Payment Transaction; (iii) require you to provide additional information to complete a Payment Transaction; and/or (iv) take reasonable measures with respect to a Payment Transaction where in our opinion this is necessary to comply with applicable laws and regulations including where we have concerns about the identity of persons involved in the Payment Transaction.

14.2. Notwithstanding any prior agreement to initiate a Payment Transaction, we may, in our sole discretion also refuse to proceed with a Payment Transaction in circumstances which include (but are not limited to) where:

(i) the intended Recipient is anyone other than a natural person
(ii) we are required to do so under applicable anti-money laundering or terrorist financing legislation and/or where we know or suspect the Payment Transaction may be unlawful (including for instances of fraud)
(iii) you have failed to provide us with sufficient, satisfactory and reliable evidence of your identity or any other information we require in relation to a Payment Transaction
(iv) we know or suspect that the Payment Order requested by you contains errors, is forged or is unauthorised
(v) you have provided us with wrong or incomplete information, or we do not receive Payment Order information in a timely manner in order to guarantee the timely execution of the Payment Transaction
(vi) you have failed to provide us with the cleared funds (including any associated fees) required to execute the Payment Transaction
(vii) your Card Issuer does not authorise the use of your Bank Card to pay for the Payment Transaction and our fees
(viii) your bank does not authorise the Bank Transfer to pay for the Payment Transactions and our fees
(ix) you are in breach of an obligation under these Terms and Conditions, including an obligation to pay our fees.

14.3. We reserve the right not to accept or allow payments from or to, either directly or indirectly, certain countries which we have determined, acting in our sole discretion, are high risk to our business or involve a higher level of complexity for us in carrying out our anti-money laundering or anti-terrorist financing legislation transaction monitoring process.

14.4. We further reserve the right to request additional information from you, including information about the Recipient, where payments are to be made to certain countries.

14.5. If we refuse to proceed with the execution of a Payment Order in accordance with these Terms and Conditions we will tell you prior to the end of the Business Day following receipt of the Payment Order.

Where it is possible and lawful for us to do so, we will provide the reasons for our refusal to proceed with your Payment Order. In cases where you have provided incorrect information or omitted to provide information, we will explain how to rectify the situation.

14.6. Our Service is offered only for your personal Payment Transaction needs and you agree not to use or attempt to use or allow any third party to use Our Service for any other purpose including commercial purposes or promotion of products and services whether directly or indirectly. You further agree not to use Our Service on behalf of any other party.

14.7. Our Service is subject to such transactional restrictions as we may from time to time in our sole discretion impose, including as to the maximum amounts to be transferred, destination countries and available currencies.

15. TERMINATION

15.1. We may terminate these Terms and Conditions and/or suspend Our Service to you immediately:

(i) where you do not provide us with all the details we require to perform a Payment Transaction
(ii) where it becomes unlawful for us to continue to provide you with Our Service or we are required to do so by law, by any court of competent jurisdiction or by any governmental or regulatory body which authorises us to perform Our Service
(iii) following a material breach by you of any of these Terms and Conditions or in the event that we discover or have reasonable cause to suspect any crime, fraud, fraudulent activity or money laundering by you
(iv) in the event that you die, become of unsound mind, become unable to pay your debts as and when they fall due, a petition in bankruptcy is presented against you, you are declared bankrupt, you become insolvent, you enter into an individual voluntary arrangement or go into liquidation or are subjected to any similar event
(v) as provided for in clause 18 (Circumstances beyond our Control).

15.2. The provisions of this clause 15 (Termination) and clauses 18 (Circumstances beyond our Control), 21 (Personal Data Protection), 22 (Limitation of Liability), 27 (Applicable Law and Jurisdiction), 28 (Third Party Rights) and 33 (Entire Agreement) shall survive the termination or expiry of these Terms and Conditions for any reason.

16. ACCEPTABLE PURPOSE

16.1. We reserve the right, in our sole discretion, to impose ‘acceptable purpose’ terms in relation to the provision of Our Service including the prohibition of certain categories of Payment Orders.

16.2. If any Payment Transaction is conducted or attempted to be conducted in breach of the acceptable purpose prohibitions applicable from time to time we reserve the right to reverse the Payment Transaction and/or close or suspend your use of Our Service and/or report the transaction to the relevant law enforcement agency and/or claim damages from you.

17. RIGHT TO RESCIND OR CANCEL A PAYMENT TRANSACTION & REFUND

17.1. Where you have authorised us to perform a Payment Transaction, we will proceed with that Payment Transaction unless:

(i) you provide us with clear instructions that you wish to rescind the Payment Order by contacting our customer service team whose details are specified in clause 25 of these Terms and Conditions and, in all cases;
(ii) we agree in writing with you that we will not do so,
(together a "Cancellation").

17.2. For the avoidance of doubt, we will not accept any Cancellation if:

(i) the Payment Transaction has already been paid out to your Recipient
(ii) your instructions are unclear;
(iii) if any Cancellation instruction is received by us after business hours on the last Business Day before the day that Payment Transaction is due to take place; or
(iv) the Payment Transactions has already been sent, where your instruction is to pay the Payment Transaction into your Recipient’s bank account.

17.3 Notwithstanding the above, if you provide us with clear Cancellation instructions, other than in the circumstances described above where we will not accept a Cancellation, we will attempt to cancel the Payment Transaction. We will not however be liable for any losses incurred and we reserve the right to charge you a fee to cover our reasonable costs for a Cancellation.

17.4. Refund Information

(i) Unless Payment Transaction has already been paid out to your Recipient, and to the extent permitted by law, if you request a refund of your Payment Transaction (or your Payment Transaction is cancelled), we will refund you the principal Payment Transaction amount (at our Exchange Rate at the time you made the Payment Transaction) 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 our system and contains the computer-generated imprint of the relevant information, including but not limited to the correct receipt/order number.
(ii) To the extent permitted by law, we will not refund the customer fees if the Payment Transactions is stopped or otherwise cancelled at your request or due to your breach of these Terms and Conditions.
(iii) You acknowledge and agree that a request for refund must be made within 2 years from the date of the Payment Transaction.
(iv) To request for refund, please contact us by telephone at: 0800 450 403 or by email to: NZ_support@riamoneytransfer.com

18. CIRCUMSTANCES BEYOND OUR CONTROL

We do not assume any liability if we are unable to perform any of our obligations to you or our performance of any of our obligations is delayed due to any circumstances outside of our reasonable control, including (without limitation) any industrial action, labour dispute, act of God, fire, flood or storm, war, riot, civil commotion, siege, security alert, act of terrorism or any resulting precautionary measures taken, act of vandalism, sabotage, virus, malicious damage, compliance with any statute, statutory provision, law, governmental or court order, the actions or instructions of the police or of any governmental or regulatory body which authorises us to perform Our Service, cut or failure of power, failure of equipment, systems or software or internet interconnectivity or the occurrence of any extraordinary fluctuation in any financial market that may materially adversely affect our ability to perform Our Service, or our obligations under applicable laws and regulations. If any of these circumstances occur then these Terms and Conditions will be suspended for the period during which the circumstances continue or, at our discretion and in order to protect both you and us, we may terminate these Terms and Conditions.

19. NOTIFICATIONS AND ELECTRONIC COMMUNICATIONS

19.1. Scope of your consent to receive electronic notifications and communications

As part of your relationship with us, you may receive notifications and communications in writing related to Our Service. In light of our commitment to protecting the environment and to facilitate the use of Our Service, such notifications and communications will be carried out in electronic form. To this end, and to the extent permitted by applicable laws at any given time, you agree to receive in electronic format all information that we would otherwise be required to provide to you in paper form, including, but not limited to: (i) legally required disclosures, notices and other communications associated with your access to or use of our Service, including information about fees or charges and any and all legally required pre and post Payment Transaction disclosures; (ii) confirmation regarding collection and/or receipt of a Payment Transaction; (iii) these Terms and Conditions, any updates or changes in these Terms and Conditions and other informational mailings regarding the same; (iv) customer service communications; (v) privacy policies and notices; (vi) information regarding the debiting or charging, as applicable of your selected payment method; (vii) any and all legally required error resolution policies, and responses to claims filed in connection with your access to or use of Our Service (viii) any other communications related to your access to and/or use of Our Service, and (ix) with your consent, marketing and other promotional communications.

19.2. Keeping your e-mail and any electronic address current with us You must keep your e-mail address and any other electronic address and contact details (including your mobile telephone number), current in the Ria Money Transfer App.

19.3. In order to ensure that we are able to provide notices, disclosures and statements to you electronically, you must notify us of any change to your e-mail or other electronic address and your mobile telephone number. You may update the e-mail address and mobile telephone number that we have on record for you through the Ria Money Transfer App.

20. INTELLECTUAL PROPERTY

20.1. Our Service and the Ria Money Transfer App, its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, graphics, video and audio, and the design, selection and arrangement thereof), are owned by us, the Euronet Worldwide Inc. group (a group to which we belong) ("Our Group") and/or our/their licensors or other providers of such material. They are protected by New Zealand, and international laws governing copyright, trademark, patent, trade secret and other intellectual property or proprietary rights and remain the property of us, Our Group and any relevant third party licensors.

20.2. You are permitted to use the Ria Money Transfer App and our Service solely for your personal, non-commercial use. You must not:

(i) copy, modify, create derivative works of, publicly show, publicly display, republish, download, store or transmit any of the material on our site, except to: (a) save copies of such materials temporarily in "Random Access Memory"; (b) store files that are automatically cached by your web browser for display enhancement purposes; and/or (c) print a reasonable number of pages of the Ria Money Transfer App for a permitted use
(ii) modify copies of any materials from the Ria Money Transfer App or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site
(iii) use any images, graphics, video or audio from the Ria Money Transfer App separately from any accompanying text
(iv) reproduce, sell or exploit for any commercial purposes any part of the Ria Money Transfer App, access to the Ria Money Transfer App or use of the Ria Money Transfer App or any services or materials available through the Ria Money Transfer App.

20.3. If you print, copy, modify, download or otherwise use any part of the Ria Money Transfer App in breach of the Terms and Conditions, your right to use the Ria Money Transfer App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in the Ria Money Transfer App or any content on the site is transferred to you, and we, our licensors, along with any of the companies that form part of Our Group and their licensors, all reserve all rights not expressly granted. Any use of the Ria Money Transfer App not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.

21. PERSONAL DATA PROTECTION

Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you otherwise provide or have provided to us. By using the Ria Money Transfer App, you consent to such processing and you represent and warrant that all data provided by you is accurate. Our Privacy Policy is available by clicking on the "Privacy Policy" link on the Ria Money Transfer App.

22. LIMITATION OF LIABILITY

22.1. Our total liability to you in connection with a Payment Transaction is limited to the full amount of the Payment Transaction together with any charges for which you may be responsible and any interest which you may be required to pay as a consequence of any non-performance or incorrect performance by us of the Payment Transaction.

22.2. If we contravene any requirements imposed on us by relevant laws and regulations (that may set out certain obligations on us as provider of Our Service, including relating to unauthorised, unperformed and incorrectly performed Payment Transactions), we will not be liable to you if such contravention is due to abnormal and unforeseeable consequences beyond our control, the consequences of which would have been unavoidable despite all efforts by us to the contrary or where this is due to other obligations imposed on us under other provisions of applicable laws and regulations.

22.3. Notwithstanding any other provision in these Terms and Conditions we do not exclude our liability for death or injury caused by our negligence or the negligence of our employees or agent, fraudulent misrepresentation or any other liability which may not be excluded under applicable law.

23. RESPONSIBILITY FOR LOSSES

You shall be responsible for any losses, expenses or other costs incurred by us, our Group, affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) which result from your breach of these Terms and Conditions, including, without limitation, any use of the Ria Money Transfer App content or Our Service other than as expressly authorised in these Terms and Conditions or your use of any information obtained from the Ria Money Transfer App, or your negligence, fraud or wilful misconduct.

24. DISCLAIMER OF WARRANTIES

24.1. You must not misuse the Ria Money Transfer App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Ria Money Transfer App, the server on which the Ria Money Transfer App is stored or any server, computer or database connected to the Ria Money Transfer App. You must not attack the Ria Money Transfer App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the communications, multimedia, cybersecurity, cybercrime, computer misuse or computer crimes and other applicable laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Ria Money Transfer App will cease immediately.

24.2. Your use of the Ria Money Transfer App, its content and Our Service is at your own risk. Insofar as is permitted in law: (a) the Ria Money Transfer App, its content and Our Service obtained through the Ria Money Transfer App are provided on an "as is" and "as available" basis, without any representations, warranties or guarantees of any kind, either expressed or implied; and (b) neither we nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, timeliness or availability of the Ria Money Transfer App. Without prejudice to the foregoing, except to the extent required by law, neither we nor anyone associated with us represents or warrants that the Ria Money Transfer App, its content or any services or items obtained through the Ria Money Transfer App will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Ria Money Transfer App or the server(s) that makes it available are free of viruses or other harmful components or that the Ria Money Transfer App or any services or items obtained through the Ria Money Transfer App will otherwise meet your needs or expectations. By means of this clause 24.2, we hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

25. CUSTOMER SERVICE

25.1. We value all our customers and take our obligations seriously. You may contact our customer service team in relation to Our Service and Ria Money Transfer App by telephone on 0800 450 403 , or by email to: NZ_support@riamoneytransfer.com, or by post to Ria Customer Service, Level 4, 32 Mahuhu Crescent, Auckland 1010, New Zealand.

25.2. We have established internal procedures for investigating any complaint that may be made against us. In accordance with our complaints procedure, any complaint you may make must be made or confirmed to us in writing by email to Ria Compliance Department at: compliance-au@riafinancial.com or by post to Ria Compliance, Level 4, 32 Mahuhu Crescent, Auckland 1010, New Zealand.

25.3. If you would like further details of our complaints policy refer to the Complaints Policy on the Ria Money Transfer App. If you are still dissatisfied following our response to any complaint, you have a right to refer your complaint to the Financial Services Complaints Limited (FCSL), P O Box 5967, Lambton Quay, Wellington 6145, New Zealand or lodging an online complaint to complaints@fscl.org.nz or by fax to (04) 472 3728. Further information about making a complaint to the FCSL can be accessed at: http://www.fscl.org.nz/

26. GEOGRAPHIC RESTRICTIONS

We provide the Ria Money Transfer App for use only by persons residing in New Zealand. We make no claims that the Ria Money Transfer App or any of its content is accessible or appropriate outside of New Zealand. Access to the Ria Money Transfer App may not be legal if made by certain persons or in certain countries.

27. APPLICABLE LAW AND JURISDICTION

27.1. These Terms and Conditions, its subject matter and its formation, are governed by the laws of New Zealand, with the exception of its conflict of law rules. As a resident consumer in New Zealand, you will also benefit from any mandatory provisions of New Zealand’s consumer protection laws.

27.2. You and we both agree that the courts in New Zealand will have non-exclusive jurisdiction over any disputes.

27.3. These Terms and Conditions do not affect your statutory rights as a consumer.

28. THIRD PARTY RIGHTS

A person who is not a party to this agreement will not have any rights to enforce any provision of these Terms and Conditions. This means that only you and we have any rights, obligations or privileges under these Terms and Conditions.

29. SEVERABILITY

If any court of competent jurisdiction finds that any part of these Terms and Conditions is invalid, unlawful or unenforceable for any reason, those parts shall be deleted from these Terms and Conditions and no-one other than you or we can enforce any of the terms or take any action on remaining parts of these Terms and Conditions in force. This will not affect the validity of the remaining parts which will continue to be binding on you and us.

30. NO WAIVER

No failure to enforce or delay in enforcing any right or remedy available to you or us under these Terms and Conditions (including as provided for in these Terms and Conditions or otherwise available under the laws of New Zealand) will mean that you or we cannot exercise any such right or remedy at a later date.

31. ASSIGNMENT

31.1. You may not assign, transfer, charge or dispose of these Terms and Conditions or any of your obligations, rights or privileges under these Terms and Conditions to any other person at any time without our prior consent in writing.

31.2. We may assign, transfer, charge or dispose of these Terms and Conditions in whole or in part or any of our obligations, rights or privileges to any other person at any time (including to any affiliates in Our Group), but we will take appropriate steps to try to ensure that doing so will not harm any of your rights under these Terms and Conditions.

32. ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between you and us and supersede any prior agreements (whether written or oral) which may exist between you and us. Nothing in this clause 32 will exclude any liability which you or we would otherwise have to the other in respect of any statements made fraudulently.

33. TRADEMARKS

The name(s) Ria, Ria Financial, Ria Money Transfer, Euronet Worldwide, Inc., Euronet and Continental Exchange Solutions and all related names, logos, names of products and services, designs and related slogans are registered trademarks belonging to us, Our Group, or its subsidiaries or other license holders (as the case may be). You may not use these trademarks, names, logos or slogans or without our prior written consent. All other names, trademarks and signs shall be used exclusively for identification purposes and they are registered trademarks of their respective owners.