TERMS AND CONDITIONS FOR TRANSACTIONS AT RIA’S PHYSICAL STORES (PHILIPPINES)
Posted on December 28, 2023
These Terms and Conditions (“Terms and Conditions”) govern the terms under which you may access and use Ria Money Transfer services at Ria’s Physical Stores (“Services”). The Services was created to assist Customers to send money to their family and friends, and to receive money from family and friends, around the world. For security reasons, we recommend that you only send money through the Services to people you know personally.
The Services are provided by Continental Exchange Solutions, Inc dba Ria Money Transfer, Inc (CS201909026) ("we", "us", "our" or "Ria") through Ria’s Physical Stores and our network of agents, authorized delegates and other permitted entities (each an "Agent"). These terms and conditions, along with any forms, receipts, acknowledgements, or other documentation completed or used in connection with your use of the Services, including any pre-transaction or post-transaction disclosures, constitute the entire agreement ("Agreement") between you, the individual purchaser of the Services ("you", "your" or "Sender") and Ria.
These Terms and Conditions are effective from the date on which you first access, register or use the Services. By accessing, registering with, and using the Services, you agree to be bound by these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, do not access, register with, or use the Services. We reserve the right to change, restrict, vary, suspend or modify these Terms and Conditions by providing you with thirty (30) days’ notice in such manner as we deem fit.
Bank Card: means a Visa or MasterCard credit card, or a debit card;
Business Day: means any day on which we are open for business in Philippines;
Card Issuer: means the issuer and owner of a Bank Card;
Customer: means an individual who uses Ria’s Services;
Payment Order: means all instructions submitted by you to Ria requesting the execution of a Remittance Transaction;
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 Remittance Transaction initiated by you to a Recipient in the destination country identified by you;
Profile: means the profile created by Ria upon Customer’s registration with Ria at Ria’s Physical Stores;
Ria’s Physical Stores: means Ria’s and/or its Agents’ brick and mortar stores where services are rendered to Customers;
Remittance Transaction: means the transfer of money to a Recipient; and
Website: means Ria’s website, https://www.riamoneytransfer.com/en-ph/
3. THE SERVICES
3.1 The Services provide you with the ability to perform Remittance Transaction at Ria’s Physical Stores, in which you, as Sender, send a designated amount of funds (“Transfer Amount”) through Ria (involving, in some instances, its Agents) to a designated recipient (“Recipient”) (each such transaction, a “Transfer”).
3.2 We do not offer the Services to all countries. Additional information regarding the Services may be available and obtained at Ria’s Physical Stores or by asking an Agent. The Services, the underlying Transfer and certain aspects of the Services and Transfer (including, but not limited to, Agent hours, Agent access, currencies held by an Agent, and the Transfer Amount) may, as applicable, be delayed, restricted, forfeited, or ultimately unavailable due to certain laws and regulations governing our Services as well as certain circumstances and conditions associated with your use of the Services.
3.3 Our obligations under these Terms and Conditions are conditional upon our acceptance of you as a Customer, which is at our sole discretion, and we reserve the right to decline to provide our Services 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 Services, including as required by anti-money laundering and anti-terrorist financing regulation, and you consent to us contacting you for these purposes.
4.1 We may amend these Terms and Conditions from time to time, for example 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 placing the revised version of these Terms and Conditions on our Website and/or at Ria’s Physical Stores. 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. However, it 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 Services will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Services for business and operational reasons. We will try to give you reasonable notice of any scheduled suspension or withdrawal.
5.1 To be eligible to use the Services, you shall not:
a) be a person under the age of 18 years;
b) impersonate any person or falsely state or otherwise misrepresent your identity, age, source of fund or affiliation with any person or entity;
c) perform the transaction on behalf of a third party nor use other person or entity funds;
d) be a person previously removed by Ria from availing the Services; and
e) a corporate entity or any other entity other than a natural person.
5.2 By accepting these Terms and Conditions or by otherwise using the Services, you represent that you do not fall under any of the categories mentioned in clause 5.1 above and that you are a natural person intending to use the Services solely in capacity as a natural person and on your own behalf.
5.3 In addition, you represent and warrant that you have the right, authority and capacity to enter into an agreement and to abide by all the Terms and Conditions as part of your agreement with Ria.
5.4 In the event of any violation of these Terms and Conditions, Ria reserves the right to suspend or permanently prevent you from availing the Services.
6. ACCESS TO OUR SERVICES
6.1 If you are a first time Customer, you must first register with Ria in order to use the Services. As part of the registration, or the process to initiate a Transfer, we will ask you for personal information, such as your name, street address, date of birth, and other information that will allow us to identify you. We may also request for any other identifying documents or information at any time. Notwithstanding any provision herein to the contrary, we may obtain information about you from other third-party sources, in order to verify your identity, administer your Profile, or identify and/or prevent fraudulent activity. We reserve the right to take any and all lawful steps that we deem necessary or appropriate in order to verify the information you provide. If you refuse or fail to provide the requested information, or if we are unable to verify the information you provide and/or verify your identity to our satisfaction, Ria, in its sole discretion, reserves the right to decline to establish a Profile for you, to provide you with access to the Services, and/or to discontinue any previously established Profile or any Services at any time. Furthermore, you may be subject to civil and criminal proceedings.
6.2 In the event Ria accepts your application, we will establish your Profile and provide you with access to the Services, subject to the limitations set forth in these Terms and Conditions. All information that you provide will be stored in your Profile and maintained by us and/or certain companies engaged by us or our Group to provide the Services (each, a "Service Provider").
6.3 Ria is entitled to rely on any information you provide, and you understand that it is your responsibility to promptly update your information with us if your information contained in your Profile, or that you have otherwise provided to Ria, has changed.
6.4 All communications we send will be deemed to have been provided to you if they are sent to you using the contact information that you have provided, or that we have on file for you, at the time the communication was sent. To deactivate your Profile, contact us at 1800 701 488. If we suspend or deactivate your Profile for any reason, we may, in our sole discretion, cancel your pending Transfer requests. Please note that if your Profile is deactivated for any reason, you will not be able to use the Services until you have obtained a new Profile.
7. USE OF THE SERVICES
7.1 You may only use the Services for a lawful purpose and may not use the Services (i) to send a transfer on behalf of a third party; or (ii) to send money to anyone you do not know.
7.2 By accessing or using the Services, you agree not to:
a) violate these Terms and Conditions;
b) impersonate any person or entity, falsely claim or otherwise misrepresent your affiliation with any person or entity, or perform any fraudulent activity or otherwise avail the Services with what we reasonably believe to be potentially fraudulent funds;
c) use or access the Services, to facilitate or support any act or omission by any party, that violates these Terms and Conditions or any laws in any jurisdiction, including but not limited to rules and regulations relating to Anti-Money Laundering, illegal gambling activities, fraud, or funding of terrorist organizations;
d) infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
e) intentionally interfere with or damage operation of Ria Money Transfer or any other Customer’s enjoyment of it, by any means;
f) provide false, inaccurate or misleading information including but not limited to your identity, age and source of fund; and
g) use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Ria, a third party or you.
7.3 Ria may, without notice (except as required by law) and without liability to you, refuse to honour any instruction for a Transfer, suspend or deactivate your Profile, stop or reverse any Transfer, or otherwise suspend or terminate access to, or refuse to provide, any Services at any time in its sole discretion:
a) if we believe, in our sole discretion, you directly or indirectly use, or attempt to use, the Services for any unlawful or improper purpose;
b) if you provide incomplete, incorrect or false information about yourself, your transaction or about a Recipient;
c) if you attempt to transfer or charge funds from a payment method that does not belong to you, does not have sufficient available funds (or credit, as applicable), or that has expired, or if your payment method is declined or your payment is blocked or reversed for any reason;
d) if we have reason to believe any Transfer may not be authorized by you;
e) if any Transfer involves funds subject to a hold, dispute or legal process preventing withdrawal from the relevant bank account or debit card account;
f) if you have breached these Terms and Conditions, or any representation or warranty that you make under these Terms and Conditions is false;
g) if we determine that your Profile is inactive; if any Transfer would violate or contradict these Terms and Conditions or any of our policies, procedures or practices, or would violate any law, rule or regulation applicable to the Services, you or the provider of any payment method; or
h) for our protection or your, or the protection of any Agent or third party, we have reasonable cause not to process the Transfer request.
You agree that neither Ria nor any Agent or Service Provider will be held responsible or liable to you or any other person for such action except as required by law.
8. PAYMENT ORDERS
8.1 Subject to these Terms and Conditions. you will be able to use our Services at any of Ria’s Physical Stores by giving us your Payment Orders. Our Services is available for Remittance Transactions to a wide choice of destination countries and in a wide choice of currencies.
8.2 Payment Orders must include such information, as we determine from time to time, required to provide our Services to you including (but not limited to) the following information:
(i) name and other details identifying the Recipient. For the avoidance of doubt, Recipient must be a person who has attained the age of majority in accordance with the law of Philippines;
(ii) destination country of the Remittance Transaction;
(iii) amount and currency of the Remittance Transaction; and
(iv) in case of a Remittance 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.
8.3 We will only accept a Payment Order which is given to us at Ria’s Physical Stores. Your instruction to perform a Remittance Transaction will be treated by us as your consent for us to proceed with, and our authorisation to perform that Remittance Transaction.
8.4 Ria reserves the right to impose restrictions on each Transfer Amount. Any such limitations and/or other applicable restrictions on the Transfer will be posted on the Website or disclosed at the time you initiate a Transfer.
8.5 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 19.
8.6 If we execute a Payment Order based on incorrect details you provided, we will not be liable for any losses incurred, although we may 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.
8.7 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 a receipt, without undue delay:
(i) a reference number enabling you to identify the Remittance Transaction and the Recipient;
(ii) the amount of the Remittance Transaction stated in the currency used in the Payment Order;
(iii) confirmation of any Customer fees and/or costs related to the Remittance Transaction that you must pay to us;
(iv) the exchange rate used by us to execute the Remittance Transaction and the amount of the Remittance Transaction after this currency conversion (if a Remittance Transaction involves currency exchange); and
(v) the date we received the Payment Order.
8.8 When a Remittance Transaction has been confirmed, you will automatically receive an SMS notification at the number you provided. Once the Remittance Transaction has been executed by us, you will also receive SMS notifications at the number you provided to us confirming (i) when the funds have arrived and (ii) if applicable, when the funds have been transferred or collected by the Recipient. By using our Services, you acknowledge and agree that standard messaging and data rates may apply according to your mobile carrier's plan. These charges are beyond our control and are the responsibility of you. Please check with your mobile carrier for details on any applicable fees. We are not responsible for any charges incurred as a result of using SMS services. Please also note that while providing an email address is optional, we recommend providing one for additional communication channels.
8.9 If a Remittance Transaction has not been paid to a Recipient within a minimum of fifteen (15) days to a maximum of twenty-one (21) days (depending on the country in which the funds are to be collected and the Paying Agent involved in the Remittance Transaction – please contact our customer service for more information), we will automatically cancel the Remittance Transaction and notify you accordingly. Thereafter, the funds comprising the Remittance Transaction and any applicable fees will not be available for collection by the Recipient and will be reimbursed to you (which shall be via the same payment method you used to fund the Remittance Transaction and the applicable fees).
8.10 A Transfer is deemed disbursed by us and delivered, and we have no further liability to you, except as set forth below. When the Transfer has been disbursed by us or by our Paying Agent to the Recipient, subject to the Recipient identification provisions above, we will not contact the Recipient to advise them when the Transfer is available for collection; this is something you will need to do. Collection may only be made during the relevant Paying Agent’s operating hours and subject to local regulations and compliance requirements. Certain destinations may impose taxes, fees, and or tariffs upon the Recipient's receipt of, or access to, the Transfer.
9. PAYMENT METHOD
9.1 In addition to cash payment, we may accept payment by Bank Card or by Bank Transfer as the designated method of payment to us for the execution of your Remittance Transaction. You must:
(i)(a) by Bank Card: authorise your Card Issuer to transfer the funds required by us for the Remittance 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 Remittance 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;
(ii) ensure that the Bank Card details must be correct and accurate and that you shall not use a Bank Card, that is not lawfully owned or the use of which is not authorized by the lawful owner thereof. You further agree and undertake to provide correct and valid Bank Card details; and
(iii) 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. Ria shall have no obligation to effect a Transfer unless sufficient funds or credit are available in your bank account, debit card account, credit card account, as applicable, and neither Ria nor any Service Provider shall have any liability if a Transfer is not affected as a result of the unavailability of sufficient funds or credit. You are responsible to Ria if Ria completes a Transfer you request and, for any reason, Ria is unable to collect the funds from your bank account, debit card account or credit card account (as applicable), or the Transfer is later reversed.
9.2 We do not provide credit and are not able to advance any funds to cover any part of a Remittance Transaction.
9.3 You acknowledge and agree that all Remittance Transactions authorised by you are subject to all applicable laws.
9.4 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 Remittance 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.
10. CURRENCY EXCHANGE
10.1 If you ask us to execute a Remittance Transaction in a currency other than Philippines Peso, we will apply an exchange rate in addition to any service charge and we will tell you what that exchange rate is.
10.2 The payout currency and the exchange rate to be used for your Transfer will be reflected in the pre-payment disclosure and the receipt. Any difference in the exchange rate disclosed to you and the exchange rate received by Ria will be kept by Ria (and/or its Agents in some cases) in addition to any Transfer fee.
10.3 For further information about the price calculator (setting out available currencies and countries and exchange rates), payout locations and Customer fees and exchange rates, please consult our staff or Agent.
10.4 Ria shall not be responsible for the currency exchange rate that will be applied if the Recipient chooses to receive in a payout currency other than the payout currency you selected.
11. REMITTANCE TRANSACTION EXECUTION
11.1 Our Services provide various options by which a Remittance Transaction is received, including cash collection at a Paying Agent, transfer direct to a bank account or mobile payment, or via our home or office delivery service, where available.
11.2 Collection of a Remittance Transaction via a Paying Agent
11.2.1 If we receive a Payment Order together with the necessary cleared funds to be transferred and the fees associated with the Remittance 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.
11.2.2 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.
11.2.3 For regular Remittance 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 Services may be delayed, or other restrictions may apply. If you require further information, please contact our customer service team, the contact details are stated in Clause 26 of these Terms and Conditions.
11.2.4 To collect a Remittance Transaction from a Paying Agent, the Recipient must provide all details about the Remittance Transaction (“Collection Details”) required by us and/or the Paying Agent. The Recipient must also provide photographic evidence of identity and, in some instances, further information and/or documentary evidence as required by us, the Paying Agent 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.
11.2.5 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.
11.3 Remittance Transaction via Transfer to Bank Account
11.3.1 For a Remittance 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, subject to the respective bank’s terms and conditions.
11.3.2 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 Remittance Transaction will be credited to such an account, you will need to contact the Recipient’s account provider.
11.4 Remittance Transaction via Mobile Payment
11.4.1 The Recipient may also receive funds through mobile payment transfers. This receiving method is always subject to the availability and processing of the payment method of the Service Providers’ mobile payment in the destination country.
11.4.2 We shall not be responsible for any delays in the Recipient receiving the funds and will not guarantee that the Recipient’s mobile payment account will make the funds available to the Recipient on the same day the Remittance Transaction performed by you. For more information on when a Remittance Transaction will be credited to the Recipient mobile payment account, you will need to contact the Recipient’s mobile payment Service Provider.
11.5 Remittance Transaction via Home or Office Delivery
11.5.1 Remittance Transaction via Home or Office Delivery is expected to reach the Recipient's home within twenty-four (24) to forty-eight (48) hours from the Remittance Transaction date.
11.5.2 Recipients can schedule the delivery by contacting the Paying Agent. The Paying Agent can only complete the delivery if the Recipient is at home or at office to sign off for it. Mandatory details, including the Recipient’s name, sender’s name and country, and the amount sent, must be provided to the Paying Agent to complete the delivery to the Recipient.
12. UNAUTHORISED REMITTANCE TRANSACTIONS
12.1 Where you believe we may have performed a Remittance Transaction that you did not authorise, you should let us know as soon as possible via the contact details set out at clause 26 below.
12.2 Subject to clause 12.3 below, where we have performed such Remittance Transaction, and unless there are circumstances preventing us from doing so, we will immediately refund to you in full the amount of that Remittance Transaction within seven (7) days of cancellation.
12.3 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 Remittance Transaction may have occurred, and in any event no later than fourteen (14) days after the date on which the unauthorised Remittance Transaction was made; or
(ii) if the Remittance Transaction was authorised by you.
12.4 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.
13. NON-EXECUTION OR FAULTY EXECUTION OF REMITTANCE TRANSACTIONS
13.1 We may be liable to you if we fail to perform or incorrectly perform any Remittance Transaction that you authorised us to perform. Where you believe we may have failed to perform or incorrectly have performed such a Remittance 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.
13.2 Subject to clause 13.3 below, where we have failed to perform or have incorrectly performed a Remittance Transaction, we will without undue delay make good and correct the error and deliver the amount of the unperformed or incorrectly performed Remittance Transaction as originally instructed.
13.3 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 fourteen (14) days after the date on which the incorrect Remittance Transaction was performed) on your becoming aware of our failure to perform a Remittance Transaction authorised by you or incorrect performance by us of a Remittance 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.
13.4 We will have no liability to you for failure to execute a Remittance Transaction where the reason was our refusal to proceed with that Remittance Transaction or any part of it.
14.1 Use of our Services will incur a transaction fee which will be charged to your identified payment method for your Remittance Transaction. Before execution of a Payment Order, we shall provide information to you regarding the fee and any applicable exchange rates, which will be displayed at Ria Physical Stores.
14.2 In addition to any fees charged by us, a Remittance Transaction may be subject to other fees, taxes, costs and exchange rates payable to other parties, by you or by your Recipient, for example banks and other payment institutions or Paying Agent involved in the Remittance Transaction as well as deductions that may apply (for example for tax) as required by, including but not limited to, the authorities of the destination country of the Remittance Transaction. The amount that we deduct will be no more than the amount of our legal responsibility.
14.3 To the extent permitted by law, you agree to hold Ria harmless from any losses, costs, expenses or damages it may incur, or in defending any of the actions, including court costs and attorneys' fees in connection with any nonpayment of fees, charges, taxes and costs imposed on you. You authorize Ria to debit your bank account or debit card account and/or charge against your credit card account for any amounts owing to Ria described in this clause.
15. SET OFF
15.1 You agree that we may set off any amount you owe us against any sums owed by us to you.
16. REMITTANCE TRANSACTION RESTRICTIONS
16.1 We reserve the right, at our sole discretion to: (i) refuse to process a Remittance Transaction; (ii) limit the amount of a Remittance Transaction; (iii) require you to provide additional information to complete a Remittance Transaction; and/or (iv) take reasonable measures with respect to a Remittance 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 Remittance Transaction.
16.2 Notwithstanding any prior agreement to initiate a Remittance Transaction, we may, in our sole discretion also refuse to proceed with a Remittance Transaction in circumstances which include (but are not limited to) where:
(i) we are required to do so under applicable anti-money laundering or terrorist financing legislation and/or where we know or suspect the Remittance Transaction may be unlawful (including for instances of fraud);
(ii) doing so may expose Ria or any Agent to action from any government or regulatory body;
(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 Remittance 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 Remittance Transaction;
(vi) you have failed to provide us with the cleared funds (including any associated fees) required to execute the Remittance Transaction;
(vii) your Card Issuer does not authorise the use of your Bank Card to pay for the Remittance Transaction and our fees;
(viii) doing so might be prohibited by law, regulation, code or other duty or requirement applicable to Ria or any Agent;
(ix) your bank does not authorise the Bank Transfer to pay for the Remittance Transactions and our fees; or
(x) you are in breach of an obligation under these Terms and Conditions, including an obligation to pay our fees.
16.3 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.
16.4 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.
16.5 If we refuse to proceed with the execution of a Payment Order in accordance with these Terms and Conditions, we will inform you prior to the end of the Business Day following receipt of the Payment Order.
16.6 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.
16.7 Our Services are offered only for your personal Remittance Transaction needs, and you agree not to use or attempt to use or allow any third party to use our Services for any other purpose including commercial purposes or promotion of products and services whether directly or indirectly. You further agree not to use our Services on behalf of any other party.
16.8 Our Services 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.
17.1 We may terminate these Terms and Conditions and/or suspend our Services to you immediately:
(i) where you do not provide us with all the details, we require to perform a Remittance Transaction;
(ii) where it becomes unlawful for us to continue to provide you with our Services 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 Services;
(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; or
(v) as provided for in clause 20 (Circumstances beyond our Control).
17.2 The provisions of this clause 17 (Termination) and clauses 20 (Circumstances beyond our Control), 23 (Personal Data Protection), 24 (Limitation of Liability), 27 (Applicable Law and Jurisdiction), 31 (Entire Agreement) and 33 (Third Party Rights) shall survive the termination or expiry of these Terms and Conditions for any reason.
18. ACCEPTABLE PURPOSE
18.1 We reserve the right, in our sole discretion, to impose ‘acceptable purpose’ terms in relation to the provision of our Services including the prohibition of certain categories of Payment Orders.
18.2 If any Remittance 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 Remittance Transaction and/or close or suspend your use of our Services and/or report the transaction to the relevant law enforcement agency and/or claim damages from you.
19. RIGHT TO RESCIND OR CANCEL A REMITTANCE TRANSACTION & REFUND
19.1 Where you have authorised us to perform a Remittance Transaction, we will proceed with that Remittance 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 26 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”).
19.2 For the avoidance of doubt, we will not accept any Cancellation if:
(i) the Remittance 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 Remittance Transaction is due to take place; or
(iv) the Remittance Transactions has already been processed and sent to Paying Agent and where the cancellation request is rejected by the Paying Agent.
19.3 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 Remittance 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.
19.4 Refund Information
(i) Unless Remittance Transaction has already been paid out to your Recipient, and to the extent permitted by law, if you request a refund of your Remittance Transaction (or your Remittance Transaction is cancelled), we will refund you the Remittance Transaction amount 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 Remittance Transactions is stopped or otherwise cancelled due to your breach of these Terms and Conditions and/or due to fraud.
(iii) You acknowledge and agree that a request for refund must be made within two (2) years from the date of the Remittance Transaction.
(iv) In the event of unclaimed remittances by the Recipient, we will refund you with the entire principal amount together with the associated fees. Where both the Sender and the Recipient fails to claim the funds, we shall hold these funds from the date of the Remittance Transaction. During this period, we shall retain the prerogative to levy fees, aimed at covering our reasonable costs, by deducting the said fees from the unclaimed funds until the balance reaches zero or until either Sender or Recipient initiate a refund claim, whichever is earlier.
(v) To request for refund, please contact us by telephone at +63282313140, or by email to: firstname.lastname@example.org
20. CIRCUMSTANCES BEYOND OUR CONTROL
20.1 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 Services, 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 Services, 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.
21. NOTIFICATIONS AND ELECTRONIC COMMUNICATIONS
21.1 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 Services. In light of our commitment to protecting the environment and to facilitate the use of our Services, 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 Services, including information about fees or charges and any and all legally required pre and post Remittance Transaction disclosures; (ii) confirmation regarding collection and/or receipt of a Remittance 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, for 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 Services (viii) any other communications related to your access to and/or use of our Services, and (ix) with your consent, marketing and other promotional communications.
21.2 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 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 at any Ria’s Physical Stores.
22. INTELLECTUAL PROPERTY
22.1 Our Services and the Website, 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, Our Group, and/or our/their licensors or other providers of such material. They are protected by Philippines, 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.
23. PERSONAL DATA PROTECTION
24. LIMITATION OF LIABILITY
24.1 Our total liability to you in connection with a Remittance Transaction is limited to the full amount of the Remittance 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 Remittance Transaction.
24.2 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 Remittance 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.
24.3 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.
25. RESPONSIBILITY FOR LOSSES
25.1 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 our Services other than as expressly authorised in these Terms and Conditions or your use of any information obtained, or your negligence, fraud or wilful misconduct.
26. INQUIRIES OR COMPLAINTS
26.1 We value all our Customers and take our obligations seriously. You may contact our customer service team in relation to our Services by email to: email@example.com or by post to Ria customer service, 38th Floor, AIA Tower, Paseo De Roxas, Makati City.
26.2 To help us investigate and resolve your complaint effectively, you need to provide us with the following information with your complaint:
- Your full name, address and contact phone number(s);
- Your relationship with Ria;
- Your order number;
- Description of your complaint;
- Any additional documentation or information that may support your complaint and assist us to resolve it; and
- How you would like us to address your complaint.
26.3 Upon receiving your complaint, we will acknowledge receipt within forty-eight (48) hours. Ria will attempt to resolve your complaint within forty-five (45) days. If there is any delay you will be notified of the same, including the reasons for the delay.
26.4 If you are still dissatisfied following our response to any complaint, please let us know and we will undertake a further review of your concerns. If you are still dissatisfied with the outcome and you are a resident in Philippines, you have a right to refer your complaint to our external dispute resolution scheme, the Banko Sentral ng Pilipinas, their contact details are as follows:
Phone: (+632) 5306-2584 / 8708-7087
Mail: Banko Sentral ng Pilipinas 5th Floor, Multi-Storey Building, BSP Complex, A. Mabini Street, Malate, 1004 Manila.
27. APPLICABLE LAW, JURISDICTION & LANGUAGE
27.1 These Terms and Conditions, its subject matter and its formation, are governed by Republic of Philippines laws, with the exception of its conflict of law rules. You and we both agree that the courts in Republic of Philippines will have exclusive jurisdiction over any disputes.
27.2 These Terms and Conditions do not affect your statutory rights as a consumer.
27.3 Ria, at our discretion, may provide you with translation of the English version of these Terms and Conditions. You and we both agree that the translation is only for your convenience and does not form part of the agreement. The English version of these Terms and Conditions shall be the only version that govern the provision of our Services to you.
28.1 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.
29. NO WAIVER
29.1 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 Philippines laws) will mean that you or we cannot exercise any such right or remedy at a later date.
30.1 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.
30.2 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.
31. ENTIRE AGREEMENT
31.1 These Terms and Conditions constitute the entire agreement between you and Ria and supersede any prior agreements (whether written or oral) which may exist between you and Ria. Nothing in this clause 31 will exclude any liability which you or Ria would otherwise have to the other in respect of any statements made fraudulently.
32.1. 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 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.
33. THIRD PARTY RIGHTS
33.1. 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 Ria have rights, obligations or privileges under these Terms and Conditions.