POLAND TERMS AND CONDITIONS OF RIA LITHUANIA UAB
Last Updated: 20 March 2023
These Terms and Conditions (the “Terms and Conditions”) are offered by RIA Lithuania UAB, a company incorporated in the Republic of Lithuania with registered number 305592651, whose registered address is at Ukmergės g. 126, LT-08100, Vilnius, Lithuania and having a payment institution license No 52 issued by the Bank of Lithuania on November 26, 2020, authorizing us to provide Our Service and trading under the name 'Ria' (hereinafter “Ria” "we”, “our” or “us”). Other our contact details are provided in Section 26 of these Terms and Conditions.
We are listed on the public list of licensed payment institutions managed by the Bank of Lithuania via the link: https://www.lb.lt/en/sfi-financial-market-participants and our license is published on the official website of the Bank of Lithuania via the link: https://www.lb.lt/en/sfi-financial-market-participants/ria-lithuania-uab.
Bank of Lithuania is the supervisory authority of our licensed activities. Contact details of the Bank of Lithuania are the following:
Address: Gedimino ave. 6, Vilnius, LT-01103, Lithuania
Telephone number: +370 800 50 500
More information is available on the official website of the Bank of Lithuania: http://www.lb.lt.
It is important that you to read and understand these Terms and Conditions before you accept them. The Terms and Conditions are applicable to and are available on our website, www.riamoneytransfer.com (the “Website”), and the Ria Money Transfer mobile application managed by Ria and/or any other company within Our Group (together with the Website, the “Ria Money Transfer App” or “Application”). Terms and Conditions explain your responsibilities to us and our responsibilities to you, including the extent of our liability to you. Further information is also 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. AS YOUR ACTIONS BY INITIATING A PAYMENT TRANSACTION ARE CONSIDERED A ONE-TIME (SINGLE) TRANSACTION, YOU WILL BE REQUESTED TO ACCEPT THE APPLICABLE VERSION OF OUR TERMS AND CONDITIONS EACH TIME YOU INITIATE A PAYMENT VIA OUR PLATFORM.
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 +48-223070146 OR BY EMAIL AT FraudPrevention@riafinancial.com AND CONTACT YOUR LOCAL LAW ENFORCEMENT AUTHORITIES.
These Terms and Conditions govern the provision of Our Services, consisting of the execution of Payment Transaction ordered by you through the Ria Money Transfer App. These Terms and Conditions shall apply to your use of Ria Money Transfer App where you instruct us to perform, and we agree to perform for you Our Services, including all content, functionality and services offered through it.
Our obligations under these Terms and Conditions are conditional upon our acceptance of you as a user (our 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 on us relating to Our Services, including as may be required by anti-money laundering and anti-terrorist financing regulations, and you consent to us contacting you for these purposes.
The following terms used throughout these Terms and Conditions in capital letters shall have the meaning and scope indicated below:
“Bank Card” means a Visa or MasterCard credit card, or a debit card held by you. "Business Day" means Monday to Friday, excluding public holiday days in Lithuania.
“Card Issuer” means the issuer and owner of a Bank Card.
“Money Remittance” means a payment service where funds are received from you, without any payment account being created with us in your name or the Recipient’s name, for the sole purpose of transferring these funds to the Recipient or another payment service provider acting on behalf of the Recipient and (or) when such funds are received on behalf of and made available to the Recipient. “Our Group” is defined in Section 21 below.
"Our Services" means the Money Remittance service which we provide to you.
"Paying Agent" means a natural person or a legal entity acting as a third-party provider of payment services or our agent acting who pays out funds to the Recipient in the destination country identified by you in the Payment Order initiated by you while using Our Services.
"Payment Order" means all instructions submitted by you to us requesting the execution of a Payment Transaction.
"Payment Transaction" means the transfer of funds to a Recipient initiated by you while using Our Services.
"Recipient" means the individual designated by you as the receiver of the Payment Transaction, who is acceptable to us and who receives the money transfer via a designated Paying Agent or by bank transfer to the bank account of such designated individual.
"Ria Money Transfer App" is defined in the paragraph headed ‘Introduction’ above.
The terms "you", "yours", and "user" means you, the individual person who is contracting with us for the provision of Our Services.
Other terms used throughout these Terms and Conditions are defined in the below text.
4. FORMATION OF CONTRACT
Each Payment Transaction which we perform for you is a separate contract which incorporates the Terms and Conditions that are valid at the moment when your Payment Transaction is initiated. You shall inform the Recipient of the Payment Transaction accordingly.
Upon your separate request, we will provide you with a copy of the Terms and Conditions relevant for your executed Payment Transaction by e-mail or by placing them within your account in the Ria Money Transfer App. This will be done free of charge.
We may amend the 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. Therefore, in the event you intend to initiate multiple Payment Transactions while using Our Services over the course of time, please consider that the Terms and Conditions might have changed from the last time you transacted with us and, therefore, you should read the Terms and Conditions prior to initiating any additional Payment Transactions.
You will be able to find updated Terms and Conditions, after your first Payment Transaction is initiated, on the Ria Money Transfer App. Such updates will not oblige you and will not replace your duty to read and confirm the applicable Terms and Conditions prior to initiating each new Payment Transaction which will be made available to you on the Ria Money Transfer App.
Changes that we make to these Terms and Conditions will normally only apply to Payment Orders entered into after the date the revised Terms and Conditions become effective, but will also apply to Payment Orders entered into before such 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 the Terms and Conditions shall supersede the previous version.
We do not guarantee that the Ria Money Transfer App, or any content on it, will always be available or be 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 or by sending an email to the email address last provided by you) of any scheduled suspension or withdrawal. We may modify or update the Application and/or money transfer procedures from time to time, in our sole discretion, with or without notice, except as required by law.
6. ACCESS TO OUR SERVICES
By using the Ria Money Transfer App, you represent and warrant that you are 18 years or older and of legal age to enter into a binding contract with us. If it comes to our attention through reliable means that you are under 18 years of age, we will cancel your account (profile) and, to the extent allowed by applicable laws, we will delete all your information from our system and records, except to the extent that it is required to be stored by us under the applicable legal acts.
You must have a valid user account to use Our Services (“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 the Terms and Conditions. If we accept your application, we will establish your user account and activate it for use to access Our Services, subject to the limitations set forth in the 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 Services. Having the user account does not oblige you to use any of Our Services or to perform any other regular action or checks. You have a right to delete the user account anytime you want. Your user account serves only for your own benefit of making Our Services more comfortable for your use, as well as a tool which allows us to re-match your previous data with the new use of Our Services.
You will be able to access Our Services via the Ria Money Transfer App by correctly entering your username and password (together your “User ID”), as well as authenticating your identity with a one-time-password (OTP) when prompted, 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, DO NOT WRITE IT DOWN ANYWHERE AND DO NOT GIVE ANY ACCESS TO THE RIA MONEY TRANSFER APP TO ANYONE! If you become aware or have any suspicion that your User ID is no longer confidential or has been compromised in any way, if you lost your mobile phone and suspect that anyone has obtained access to your user account and Ria Money Transfer App, you must contact us immediately by telephone at +48-223070146 or by email to: PL_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.
As no payment account will be opened for you by us, to use Our Services while connecting to your user account, you will be required to attach and link your Bank Card issued by a Card Issuer (or other acceptable payment method) with your user account. To initiate a Payment Transaction through us, you will be requested to deduct funds from that Bank Card which will then be remitted by us to the Recipient. Deduction of funds from the Bank Card may be subject to additional requirements applied by the Card Issuer (e.g., authentication of deduction might be required) and it is your responsibility to comply with such requirements.
Once you have informed us of the unauthorized use of your User ID or Ria Money Transfer App, we will take all necessary action to prevent any further use of your user account with 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 because of your failure to comply with your duties under the Terms and Conditions. However, we may have limited ability to prevent unauthorized use of your Bank Card linked with your user account and to ensure maximum safety you should always contact the Bank Issuer that issued the Bank Card to you as well. Subject to the applicable laws and regulations, you will be responsible for damages caused to us because of the unauthorized use of your User ID
Use of the Application and information transmitted in connection with the money transfer transaction is limited to the contemplated functionality. In no event may the Application or Our Services be used in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, deceptive or otherwise violates any applicable law, statute, ordinance or regulation; (c) uses technology or other means to access Ria that is not authorized by us; (d) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers,"; to access Ria; (e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Ria's computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (h) violates these Terms and Conditions; (i) attempts to damage, disable, overburden, or impair Ria's servers or networks or otherwise attempts to interfere with the proper working of the Application; (j) infringes on our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; (k) provides false, inaccurate or misleading information; or (l) may cause us to lose any of the services from our Internet service provider or other suppliers. You further agree that you may not refuse to cooperate in an investigation or to provide confirmation of your identity or any information you provide to us in connection with your use of the Application.
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 the Terms and Conditions. We provide the Ria Money Transfer App for use only by persons located in Poland. We make no claims that the Ria Money Transfer App or any of its content is accessible or appropriate outside of Poland. Access to the Ria Money Transfer App may not be legal by certain persons or in certain countries. If you access the Ria Money Transfer App from outside of Poland, you are fully responsibility for compliance with applicable foreign laws.
7. REQUIRED HARDWARE AND SOFTWARE
You must have equipment or telecommunication lines including a computer or mobile device with an operating system that might be served by us and a possibility to store records on a durable medium, e.g. in your mobile phone (or a printer to print out and retain records on paper), as may be necessary for you to use Our Services. You acknowledge that certain software and equipment used by you may not be capable of supporting our software and that as a result you may not be able to use Our Services. You should save the notices, disclosures and statements we send to you electronically.
To access and keep notifications, disclosures and statements which are provided electronically, you must have:
- A device which operates on a platform with the quality of the Android or iOS environment, or higher;
- An internet connection;
- A current version of Android 4.4 (or higher) or iOS 8 (or higher); and
- A device and operating system capable of supporting all of the above.
We reserve the right to discontinue support of any software if, in our opinion, it suffers from a security or other flaw that makes it unsuitable for use with Our Services.
8. ISSUE OF PAYMENT ORDERS
Subject to the Terms and Conditions you will be able to use Our Services by logging into the Ria Money Transfer App and within the Ria Money Transfer App giving us your Payment Orders.
Each Payment Order must include such information as we determine from time to time for the Payment Order to be executed by us, including (without limitation) the following information:
- Name and other details (e.g., in some cases address, date of birth) identifying the Recipient;
- Destination country of the Payment Transaction;
- Amount and currency of the Payment Transaction;
- In case of a Payment Transaction to a Recipient’s bank account, the IBAN code (International Bank Account Number) when such bank account has an IBAN code, or the bank account code as corresponds in each case; and
- In those cases where funds should be received by the Recipient at a specific location of the Paying Agent, the relevant address required to identify the pickup location of the Paying Agent.
Once you enter the above information, you will be required to authenticate the Payment Order by means required by your Card issuer and by us.
We will only accept a Payment Order which is given to us through our Application. Your instruction to perform a Payment Transaction will be treated by us as your consent for us to proceed with, and our authorization to perform, that Payment Transaction.
We accept payment by Bank Card 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:
- authorize 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 authorization from the Card Issuer and subsequently receive the funds required by us to proceed with the Payment Order;
- 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
- 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.
We do not provide credit and are not able to advance any funds to cover any part of your Payment Transaction.
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 account to which the Bank Card is linked and you must refer to such agreement(s) when making 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.
9. CURRENCY EXCHANGE
If you ask us to execute a Payment Order for a Payment Transaction in favor of a Recipient in a currency other than euro (EUR), then we will check whether we can service the requested currency and, if yes, then we will apply a retail exchange rate in addition to any service charge and we will tell you what this retail exchange rate is prior to authorizing the Payment Order. The payout currency for such Payment Transaction is acquired by us at a wholesale rate that fluctuates. The difference between the retail exchange rate applied to such Payment Transaction and the wholesale exchange rate at which we acquired the payout currency will be kept by us and/or the paying agent as revenue, in addition to any service charges. You will always be shown the applicable exchange rate on the screen of the Ria Money Transfer App prior to you confirming the Payment Order. Thus, you will always be able to stop the Payment Order if the exchange rate is unacceptable to you.
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 see the FAQ section on the Ria Money Transfer App.
10. PAYMENT TRANSACTION EXECUTION
Our Services provide various options by which a Payment Transaction is received, including cash at a Paying Agent or direct transfer to a bank account of the Recipient.
General provisions applicable to each Payment Transaction
Once a Payment Order is received by us, it shall be irrevocable (except to the extent that it may be withdrawn by you as set out in Section 18). A Payment Order is deemed to be received at the point in time that we record in our systems that it has been actually received, subject to the following exceptions: (i) if the Payment Order is recorded as received on a non-Business Day – it will be considered as received on the first following Business Day; (ii) if the Payment Order is recorded as received on a Business Day, but not during business hours, which are 8:00 to 17:00 Warsaw Time - it will be considered as received on the first following Business Day. If we execute a Payment Order based on incorrect details provided by you (e.g., incorrect IBAN for the Recipient’s bank account), the Payment Order will be deemed executed properly and we shall not be liable for any losses incurred. Even though we shall not be held liable for the execution of the Payment Order based on the incorrect data provided by you, we shall undertake all reasonable measures to track the executed payment operation and shall undertake reasonable efforts to recover the funds. To the extent allowed under applicable laws, all information held by us necessary to track the executed payment operation shall be provided to you to assist you with directly contacting the person who received the payment instead of your intended Recipient.
Once a Payment Order has been received and executed by us in accordance with the Terms and Conditions, we shall provide you with the following information, without any undue delay, in electronic format via the Ria Money Transfer App:
- A reference number enabling you to identify the Payment Transaction and the Recipient;
- The amount of the Payment Transaction stated in the currency used in the Payment Order;
- Confirmation of any customer fees and/or costs related to the Payment Transaction that you must pay to us;
- If a Payment Transaction involves currency exchange, the exchange rate used by us to execute the Payment Transaction and the amount of the Payment Transaction after this currency conversion; and
- The date we received the Payment Order.
When the Payment Transaction has been confirmed, you will automatically receive an e-mail notification at the e-mail address you provided. Once the Payment Transaction has been executed by us you will also receive e-mail notifications at the e-mail address you provided to us confirming (i) when the funds have arrived at the Paying Agent and (ii) if applicable, when the funds have been collected by the Recipient.
If a Payment Transaction is not paid to a Recipient within 21 or 30 days (depending on the relevant Paying Agent involved in the Payment Transaction), 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 to reimburse the same to you (which shall be via the same payment method you used to fund the Payment Transaction).
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 by 17:00 Warsaw Time on a Business Day, the Payment Order will be deemed to have been received by us on that Business Day. If a Payment Order is received by us after 17:00 Warsaw Time on a Business Day or on a day that is not a Business Day, the Payment Order will be deemed to have been received by us on the Business Day following the receipt of the Payment Order. The Business Day on which a Payment Order is deemed to have been received, is referred to as the “Day of Receipt”.
Subject to applicable laws, we shall proceed with the execution of the Payment Order and make funds available to the Recipient at the latest by the end of the Business Day following the Day of Receipt. 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 Services 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 Section 26 of the Terms and Conditions. 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 (e.g., passport, ID card). The acceptable forms of evidence of identity differ depending on the country in which the funds are to be collected. You remain ultimately responsible for the submission of the Collection Details to the Recipient.
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.
Collection of a Payment Transaction via bank account and/or in another currency
For a Payment Transaction (i) which is not to be paid out in Euro to a state outside the EEA or (ii) subject to a multiple currency conversion between the Euro and a non-Euro currency of a Member State of the European Union or an EEA Member state where such conversion fails to take place in such non-Euro State , the funds will be made available to the Recipient at the latest by the end of the fourth Business Day from the Day of Receipt.
Banking practices and Payment Transaction execution timeframes may vary if your Payment Transaction is to a Recipient’s account which is in a non-EEA currency account or to an account outside the EEA. 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.
11. UNAUTHORISED PAYMENT TRANSACTIONS
We may be liable to you under applicable laws where we perform a Payment Transaction for you that you did not authorize us to perform.
Where you believe we may have performed a Payment Transaction you did not authorize us to perform, you should let us know as soon as possible via the contact details set out at Section 26 below. We will then investigate the matter.
Subject to the paragraphs below, where we have performed such a Payment Transaction and the investigation of the matter shows that in fact a Payment Transaction was executed without your authorization, we will immediately (no later than the end of the next Business Day) refund to you in full the amount of that Payment Transaction.
You will not be entitled to any such refund:
- if you do not inform us by notice in writing without undue delay on your becoming aware that an unauthorized Payment Transaction may have occurred, and in any event not later than 13 months after the date on which the unauthorized Payment Transaction was made;
- if the Payment Transaction was authorized by you;
- if an unauthorized Payment Transaction was performed due to your fault (e.g., you disclosed your user account and authentication details); or
- if we have a reasonable ground to suspect fraud in such actions and we report this to the Bank of Lithuania (in which case, the refund is suspended pending of the investigation of the fraud case).
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. However, you shall not suffer any loss or fees in the event an unauthorized Payment Transaction is executed by us through no fault of yours.
12. NON-EXECUTION OR FAULTY EXECUTION OF PAYMENT TRANSACTIONS
We, as your payment service provider, are responsible for the proper execution of Payment Transactions, provided that all Payment Transaction details provided by you are correct, properly submitted and there is no ground to reject the execution of the Payment Transaction. Accordingly, we may be liable to you under applicable laws where we fail to perform or incorrectly perform any Payment Transaction that you authorized us to perform.
Where you believe we may have failed to perform or incorrectly performed such a Payment Transaction, you should let us know as soon as possible via the contact details set out at Section 26 below and, if you request, we will make immediate efforts to investigate the matter and let you know the outcome of our investigation.
Subject to the paragraphs below, where we have failed to perform or incorrectly performed such 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. You will not be charged for such corrected Payment Transaction.
You will not be entitled to the remedy mentioned above:
- if you do not inform us by notice in writing without undue delay (and in any event not later than 13 months after the date on which the incorrect Payment Transaction was performed) on your becoming aware of our failure to perform a Payment Transaction authorized by you or incorrect performance by us of a Payment Transaction authorized by you may have occurred;
- where we can show that the authorized amount was received at the appropriate time by the Recipient; or
- 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.
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 or if the Payment Transaction was incorrectly performed due to your fault (e.g., by providing incorrect payment or Recipient data).
Use of Our Services will incur a customer transaction fee which will be charged to the Bank Card you identify as the payment method for your Payment Transaction, customer fee and any other costs as provided in these Terms and Conditions. In accordance with applicable laws and regulations, and 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. If you do not accept the fees or exchange rates applied, you shall have a right to revoke the Payment Transaction until such time as the Payment Order is received by the Recipient, as described in Section 10 of these Terms and Conditions.
In addition to any fees charged by us, a Payment Transaction may be subject to other fees and 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 reasons) 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.
If you use your mobile phone in connection with a Payment Transaction, you will also be responsible for any fees that your phone service provider may charge, such as fees for SMS, data services, and any other fees that your phone service provider may charge.
14. SET OFF
You agree that we may set off any amount you owe us against any sums owed by us to you.
15. PAYMENT TRANSACTION RESTRICTIONS
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 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.
Notwithstanding any prior agreement to initiate a Payment Transaction and subject to applicable laws and regulations, we may, in our sole discretion, also refuse to proceed with a Payment Transaction in circumstances which include (but are not limited to) where:
- the intended Recipient is anyone other than a natural person;
- 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);
- 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;
- we know or suspect that the Payment Order requested by you contains errors, is forged or is unauthorized;
- 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;
- you have failed to provide us with the cleared funds (including any associated fees) required to execute the Payment Transaction;
- your Card Issuer does not authorize the use of your Bank Card to pay for the Payment Transaction and our fees;
- you are under 18 years of age; and
- you are in breach of an obligation under these Terms and Conditions, including an obligation to pay our fees.
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.
We further reserve the right to request, in our sole discretion, additional information from you, including information about the Recipient, where payments are to be made to certain countries and other information required in connection with our assessment of risk levels.
If we refuse to proceed with the execution of a Payment Order in accordance with the 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.
Our Services are 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 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.
Our Services are 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.
16. SUSPENSION OF OUR SERVICES
We may suspend Our Services to you immediately:
- where you do not provide us with all the details we require to perform a Payment Transaction for you;
- 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 authorizes us to perform Our Services;
- 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;
- if 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
- as provided for in Section 19 (Changes Beyond our Control).
17. ACCEPTABLE PURPOSE
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.
We will report any suspicious activity to the Financial Crime Investigation Service (Lithuanian Financial Intelligence Unit).
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 Services and / or report the transaction to the relevant law enforcement agency and/or claim damages from you.
18. RIGHT TO RESCIND OR CANCEL A PAYMENT TRANSACTION
Where you have authorized us to perform a Payment Transaction, we will go ahead with that Payment Transaction unless:
- 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 Section 26 below; and, in all cases; or
- we agree in writing with you that we will not do so (each, a “Cancellation”).
For the avoidance of doubt, we will not accept any Cancellation if:
- the Payment Transaction has already been paid out to your Recipient;
- your instructions are unclear; or
- if any Cancellation instruction is received by us after 16:30 Warsaw time on the last Business Day before the day that Payment Transaction is due to take place.
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 the extent possible at that time) to cancel the Payment Transaction prior to the Payment Transaction being paid out to the Recipient. We will not, however, be liable for any losses incurred in connection with the Cancellation or if the Cancelation cannot not be performed (e.g. in the event it has been executed and the funds have been received by the Recipient) and we reserve the right to charge you a fee to cover our reasonable costs for a Cancellation.
19. CHANGES 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, labor 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 authorizes 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 Lithuanian law. If any of these circumstances occur in the course of executing Payment Transaction, then the Terms and Conditions that were applicable at the moment the Payment Order was placed, shall 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.
20. NOTIFICATIONS AND ELECTRONIC COMMUNICATIONS
- Scope of your consent to receive electronic notifications and communications
As part of your relationship with us, you may receive electronic 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 (e.g., email, notifications in the Ria Money Transfer App, SMS). To this end, and to the extent permitted by applicable law 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 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.
- Keeping your contact information 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.
In order to ensure that we are able to provide notices, disclosures and statements to you electronically, you must notify us of any change in your e-mail or other electronic address and your mobile telephone number. You may update the e-mail address and mobile telephone number we have on record for you through the Ria Money Transfer App.
21. INTELLECTUAL PROPERTY
Our Services 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 or 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 Lithuanian, EU, and international laws governing copyright, trademark, patent, trade secret and other intellectual property or proprietary rights.
You are permitted to use the Ria Money Transfer App and Our Services solely for your personal, non-commercial use only. You must not:
- 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.
- 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.
- use any images, graphics, video, or audio separately from any accompanying text.
- 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.
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.
22. PERSONAL DATA PROTECTION
Customer acknowledges that certain Personal Data on Customer and Customer’s personnel may be disclosed, transferred to, or stored by RIA, its group companies or third parties if such disclosure, transfer, or storage is reasonably necessary or desirable for purposes of entering into or performing obligations under these Terms and Conditions. Customer’s Personal Data may be transferred outside of the European Economic Area to countries where the laws may not offer the same level of data protection as the country in which the Personal Data were initially collected. In that case, RIA implements required mechanisms to ensure that the transferred Personal Data receives adequate levels of protection in accordance with applicable law.
23. LIMITATION OF LIABILITY
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 because of any non-performance or incorrect performance by us of the Payment Transaction.
We will not be liable to you where this 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 European Community or national law.
24. LINKS FROM THE APPLICATION
If the Ria Money Transfer App contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them, or for any merchandise, goods, or services you may purchase or obtain from them. If you decide to access any of the third party websites linked to the Ria Money Transfer App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
25. DISCLAIMER OF WARRANTIES
Your use of the Ria Money Transfer App, its content, and Our Services are at your own risk. 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 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.
INSOFAR AS IS PERMITTED IN LAW: (A) THE RIA MONEY TRANSFER APP, ITS CONTENT AND OUR SERVICES 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, IT’S 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 SECTION 25, 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.
26. CUSTOMER SERVICE
We value all our customers and take our obligations seriously. You may contact our customer services team in relation to Our Services by telephone at +48-223070146, by email to PL_Support@riamoneytransfer.com or by post to Ria Customer Services sent to Ukmergės g. 126, LT-08100, Vilnius, Lithuania.
27. COMPLAINTS HANDLING
Any complaints about Our Services shall be addressed to us in a written form in the first instance by contacting our customer services team by the means indicated in Section 26 above. We will respond to your complaint in writing or using another durable medium within 15 (fifteen) Business Days after the receipt of a complaint. In exceptional cases, due to reasons which are beyond our control, we may send you a preliminary response by indicating reasons for delay and the timeline by which you will receive our final response. In any case, the timeline for provision of our final response will not exceed 30 Business Days after the receipt of complaint. Handling of complaints is free of charge and your claim must be submitted to us in English or Polish.
Should you not be satisfied with our final response, or should we fail to respond to you, you always have a right to address your complaint to:
- the Bank of Lithuania. You may submit to the Bank of Lithuania a request to protect your rights and legitimate interests which you consider having been violated. Such complaints may be submitted in writing or by electronic means to the following addresses: (i) Totorių g. 4, LT-01121 Vilnius, email@example.com, and/or (ii) Žalgirio g. 90, Vilnius, e-mail: firstname.lastname@example.org. Complaints must be submitted in the Lithuanian or Polish languages; however, the Bank of Lithuania does not undertake to assess the complaint provided in Polish as the priority shall always be given to the Lithuanian language. Addressing us first is a precondition for you to apply to the Bank of Lithuania; and/or
- Komisja Nadzoru Finansowego (KNF) (https://www.knf.gov.pl/)
By post at:
ul. Piękna 20
skr. poczt. 419; and/or
By Email at:
The decision of the Bank of Lithuania or KNF is not mandatory for us or you.
In the event you are generally not content with us or Our Services, and where there is no claim or disagreement between us and you, you may always approach the Bank of Lithuania by submitting a complaint to the Bank of Lithuania at Totorių str. 4, LT-01121 Vilnius, email: email@example.com, or to the Supervision Service of the Bank of Lithuania, Žalgirio str. 90, LT-09303 Vilnius, email: firstname.lastname@example.org.
You shall always have a right to apply to the court with a claim. You may exercise this right even before (or after) the dispute was resolved by the Bank of Lithuania.
28. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions, its subject matter and its formation, are governed by Lithuanian law. As a resident consumer of other EU members states, you will also benefit from any mandatory provisions of the consumer protection laws of those countries, unless otherwise required under applicable laws.
Any dispute arising out of or in connection with the Terms and Conditions, including without limitation any disputes regarding its valid conclusion, existence, nullity, breach, termination or invalidity shall be finally referred to and resolved by the courts of the Republic of Lithuania, except where prohibited or otherwise required by EU law. Before referring the dispute to court, you and we will endeavor to resolve the dispute by amicable negotiations. You and we both agree that the courts of Lithuania will have exclusive jurisdiction.
These Terms and Conditions do not affect your statutory rights as a consumer.
You agree to defend, indemnify and hold harmless us, our affiliates and licensors and our 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 attorneys' fees) resulting from your violation of these Terms and Conditions or your use of the Ria Money Transfer App, including, without limitation, any use of the Ria Money Transfer App’s content or services other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Ria Money Transfer App, or your negligence, fraud or willful misconduct.
If any court of competent jurisdiction finds that any part of the Terms and Conditions is invalid, unlawful or unenforceable for any reason, those parts (to the extent possible) shall be deleted from the Terms and Conditions and the remaining parts shall remain in force and continue to be binding on you and us.
31. NO WAIVER
No failure to enforce or delay in enforcing any right or remedy available to you or us under the Terms and Conditions (including as provided for in the Terms and Conditions or otherwise available under Lithuanian law) will mean that you or we cannot exercise any such right or remedy at a later date.
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.
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.
The name(s) Ria, Ria Financial, 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.