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Terms and Conditions

 
Please read the terms and conditions for using this site. You are only able to use the site if you accept these terms and conditions.

Money Move IT Terms of Use (version 1.2 effective from 30th September 2012)

These Terms of Use (Terms) are effective as of 30th September 2012, and govern the terms under which you may access and use this website and the services associated with it (together, the "Service"). Do not access or use the Service if you do not agree to be bound by the Terms. By accessing and using the Service, you are agreeing to the Terms.

As used throughout this Terms of Use, the terms "Money Move IT”, “MMIT", "we", "us", and "our" refer to Money Move IT Limited, together with its employees, directors, successors, affiliates, and assignees. The terms "you", "your", “client” and “user” refer to users of the Service, whether in their capacity as Senders, Recipients, or visitors to this website.

1. OVERVIEW OF THE SERVICE
The Service allows people to send and receive money around the world. A "Sender" is someone who uses the Service to send money. A "Recipient" is someone who uses the Service to receive money through the Service. The "Destination Country" is the country in which the Recipient receives money through the Service. A "Transaction" is a specific instruction to send money through the Service. The "Transaction Amount" is the amount that the Sender provides for transmittal to the Recipient, excluding applicable fees and prior to any foreign exchange conversion. The "Payout Amount" is the amount paid out to the Recipient, excluding any taxes or charges that may be levied under the laws of the Destination Country (the "Local Taxes").

2. ACCESSING THE SERVICE
a. Eligible Users. You must be at least 18 years old to access or use the Service. You must be able to form legally binding contracts under applicable law. Other restrictions may apply.

b. Offer and Acceptance. If you submit a Transaction, you are requesting that we process your Transaction, an offer which we may accept or reject at our sole discretion from our place of business.

c. Service Access. While Money Move IT Limited endeavours to ensure that the Website is normally available 24 hours a day or such hours as displayed on the Website, Money Move IT Limited will not be liable if for any reason the Website is unavailable at any given time.

d. Registration and Security.
d.1. Each account User’s registration is for that single User only. Money Move IT Limited does not permit the registered User to share and the registered user agrees not to share their username and password with any other person nor with multiple users on a network.
d.2. Upon opening a trading account, each user will be required to select a username and a password. The password must contain at least 6 characters and must contain both letters and numbers. Passwords are not case sensitive.
d.3 Upon logging into the Client’s account, the username and the corresponding password will be requested, access will be granted to the User and Money Move IT Limited will not be required to take any further steps to verify that the person accessing the Client account is the correct Client or that the person accessing the account is authorised to perform roles assigned by the administrator.
d.4. If the User forgets their password, they must contact Money Move IT Limited and upon satisfactory completion of verification procedures Money Move IT Limited will issue the User with a new password via email.
d.5. Each User has a responsibility to exercise reasonable care to prevent unauthorised access to the computer that the User uses to access the Service. The User must not leave their computer unattended while they are online to the Money Move IT Limited Service.
d.6. In order to protect the security of the Client trading account the User must:
d.6.1 Never give the username and/or password to anyone else and must not write the password down anywhere.
d.6.2 Change the password regularly.
d.6.3 Watch out for fraudulent (or ‘phishing’) e-mails that claim to be from Money Move IT Limited that ask for personal information or security details. Never send personal details or accounts or passwords in an email. If the Client suspects a phishing attack, they must call Money Move IT Limited or alternatively forward the suspect e-mail to Money Move IT Limited.
d.7. The User represents and warrants that they have implemented and plan to operate and maintain appropriate protection in relation to the security and control of computer viruses, or other similar harmful devices, and the User will not transmit to in any way whether directly or indirectly or expose Money Move IT Limited’s Website or Service to any harmful material or device.
d.8. The User represents and warrants that they will maintain a firewall on the User’s computer to protect it from unauthorised access.
d.9. Online Transactions are subject to a minimum and maximum transaction value determined by Money Move IT Limited, who reserves the right to request further information before accepting an Transaction.

 
3. PAYMENT
a. Charges.
For each Transaction that you submit, you agree to pay us a service fee (the "Service Fee") plus the Transaction Amount. Additional charges may apply. Payment is due at the time you submit your Transaction.

b. Payment. You will need to pay the Service Fee plus the Transaction Amount before we can process your Transaction. The Payment Instument may vary based on your country of residence, and could include, for example, your credit card, debit card, PayPal account, or bank account if we accept these payment methods in your country of residence. If your payment fails or is insufficient, we are under no obligation to complete your Transaction until all monies owed are paid in full. You represent and warrant that you are the lawful owner of your Payment Instrument(s).

c. Onward Payment. No onward payments will be made by Money Move IT Limited until funds received by Money Move IT Limited have cleared.

d. Other Charges. Money Move IT is not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. For example, some credit card issuers may treat the use of your credit card to use the Service as a "cash advance" rather than a purchase transaction, and may impose additional fees and interest rates for the transaction.

e. Foreign Exchange. Money Move IT and its Service Providers (defined below) usually make money when you pay for a Transaction in one currency, and the Transaction is paid out in another, based on the exchange rate determined by the Service Providers and specified on the website. The exchange rate specified for a Transaction is only applicable if payment in full for the Transaction (including the Service Fee and all relevant charges) is made at the same time that the Transaction is submitted. Until payment is received into our bank account, a different exchange rate may be applicable when payment is made. A different exchange rate may also apply in all cases where a transaction is submitted on a Friday or a Public Holiday or other such event where the completion of a transaction is beyond the control of Money Move IT.

4. DISBURSEMENT
a. Service Providers.
We work with local banks, money exchange houses, and other third party service providers (each, a "Service Provider") to pay funds out to Recipients. You, in your capacity as a Sender, hereby appoint your Recipient as your agent for the purpose of receiving funds in connection with the Service.

b. Verification. Recipients may be required to prove their identity before receiving funds by presenting valid, unexpired identification papers from a list of acceptable forms of identification, for example a valid passport , drivers licence or national identity card. In addition, Recipients may be required to provide a Transaction tracking number and/or "secret word" associated with their Transaction.

5. RESTRICTIONS
a. General.
We may, in our sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per transaction basis or on an aggregated basis. We reserve the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without notice.

b. Delays. Money Move IT does not guarantee any specific timeframe due to various factors including business hours, currency and the need for verification of identity or the availability of your funds Nevertheless, you may be entitled to a refund in certain circumstances, as described herein.

c. Unauthorised Transactions. You may not use the Service in violation of these Terms or applicable laws, rules and regulations, including but not limited to rules and regulations relating to money laundering, illegal gambling activities, fraud, and the funding of terrorist organizations.

d. Commercial Transactions. We have no control over, and are not responsible for, the quality, safety, legality, or delivery of goods or services that you pay third parties for using the Service. You acknowledge that any use of the Service for to pay for such goods and services is at your own risk.

e. Ineligibility. We may, at our sole discretion, refuse Transactions from certain Senders and to certain Recipients, including without limitation, entities and individuals that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, the Office of Foreign Asset Control list, and such other lists as may be issued from time to time by government agencies in the countries Money Move IT offers transaction services.

f. Others. You may not submit or receive a Transaction on behalf of another person or entity. Each foreign exchange Transaction Contract undertaken by a Client using the Service is an individual Contract made between that Client and Money Move IT Limited, and is not transferable, negotiable or assignable to or with any third party.

g. No Changes. Upon you selecting the “Confirm” button after making a foreign exchange Transaction, a legally binding Contract is formed between you and us. We do not let you change the details of your Transaction once it's submitted to us for processing. It is your responsibility to make sure your Transaction details are accurate.

6. COLLECTION OF INFORMATION
a. Privacy Policy.
By agreeing to these Terms, you acknowledge and consent to Money Move IT’s Privacy Policy. The Privacy Policy can be found at http://www.MoneyMoveIT.com/privacy-policy.aspx

b. Disclosure. You should be aware that: If we are requested or required by the police or any regulatory or government authority investigating suspected illegal activities, or upon the receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.

c. Government Disclosures. We may provide information about you and your Transactions to government authorities and enforcement agencies, as described in our Privacy Policy.

7. PROBLEMS
a. General. Please let us if you have any problems with the Service. Please contact us at info@moneymoveit.com or mail us at Money Move IT Ltd, attn: Customer Service, PO Box 28030, Wellington 6150, New Zealand.

b. Refunds. In general, we do not provide refunds unless we did something wrong.

We are not a bank, and we are not permitted under law to offer deposit and withdrawal services to the same person. Once you have paid money for a transfer, we can't refund you if you change your mind. Any balance you hold on your account with Money Move IT must eventually be used as part of a money transfer to another person or organisation - you cannot hold a balance, and then request a refund to yourself.

We will consider your written request for a refund if you provide the Sender’s full name, address, and phone number, together with the Transaction tracking number, Transaction Amount, and the reason for your refund request.

If we do provide you a refund, we will only refund the Transaction Amount if the Transaction was not paid out to the Recipient (in which case we will also cancel your pending Transaction); otherwise, we will only refund the Service Fee. Refunds will be credited to the same Payment Instrument used to pay for the Transaction.

If you want a refund, you must email your written request to Money Move IT at refund@moneymoveit.com or mail it to Money Move IT Ltd, attn: Customer Service, PO Box 28030, Wellington 6150, New Zealand.

c. Dispute Resolution. If there is dispute between the parties arising out of, or in connection with, the Service, neither of the parties is to commence any proceedings relating to that dispute until the following procedure has been complied with:

(a) The party claiming a dispute has arisen must give written notice to the other party specifying the nature of the dispute.

(b) From receipt of the notice onwards, the obligations of the parties will be suspended until the dispute is resolved in accordance with this clause or until the Agreement is terminated. For the avoidance of doubt during a suspension the user will cease to undertake the Payment Services. For the avoidance of doubt this suspension will not affect the rights or remedies of the parties under this Agreement.

(c) The parties will endeavour, in good faith, to resolve the dispute referred to in the notice within 10 Business Days of the date of the notice, by using informal dispute resolution techniques.

(d) If the parties do not agree on a resolution to the dispute and record that resolution in writing resolution technique within 10 Business Days after the date of the notice of a dispute was given, the dispute is, unless the parties mutually agree otherwise, to be mediated according to the standard mediation agreement of LEADR New Zealand Incorporated (Lawyers Engaged in Alternative Dispute Resolution), and the Chair of LEADR (or the Chair’s nominee) will select the mediator and determine the mediator’s remuneration.

(e) Nothing in this clause shall prevent any party from seeking urgent interlocutory relief.

(f) The Company may, by notice in writing, refer any dispute not settled, either to arbitration in accordance with the provision of the Arbitration Act 1996, or to a Court of competent jurisdiction within New Zealand.

(g) The parties agree that pending final resolution of any dispute hereunder, neither of them shall make any press release, public announcement or statement concerning the subject matter of the dispute to any person or organisation (save as expressly or by implication authorised herein).

8. MONEY MOVE IT INTELLECTUAL PROPERTY
You acknowledge that the Service, including but not limited to the content of this website, text, graphics, links, buttons, logos, and images, as well as all other Money Move IT copyrights, trademarks, service marks, logos, and product and service names are owned or licensed exclusively by Money Move IT (the "Money Move IT Intellectual Property"). You agree not to display, use, copy, or modify the Money Move IT Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of this website for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Service; or (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on this website (or printed pages thereof).

9. DISCLAIMER
9.1. None of the information contained in the Service constitutes, nor should be construed as foreign exchange advice. Money Move IT Limited recommends that Clients seeks prior independent financial advice and consider carefully whether foreign exchange trading is appropriate in terms of the Client’s experience, financial objectives, needs and circumstances.

9.2. While Money Move IT Limited endeavours to ensure that the information on the Service is correct, Money Move IT Limited does not warrant the accuracy and completeness of the material on the Service. Money Move IT Limited may make changes to the material on the Website or Service, or to the products and prices described in it, at any time without notice. The material on the Website or Service may be out of date, and Money Move IT Limited makes no commitment to update such material.

9.3. The material on the Service is provided "as is", without any conditions, warranties or other terms of any kind either expressed or implied. Accordingly, to the maximum extent permitted by law, Money Move IT Limited provides the Client with the Service on the basis that Money Move IT Limited excludes all representations, warranties, conditions and other terms (including, without limitation) the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Service. To the fullest extent permissible pursuant to applicable law, Money Move IT Limited disclaims all warranties expressed or implied, including but not limited to implied warranties of reasonable care. In the event of an incorrect foreign exchange rate being entered into with Money Move IT Limited, Money Move IT Limited will contact the Client to advise them of the correct rate and amend the Transaction accordingly. The Client can then confirm if they wish to proceed with the amended Transaction.

9.4. Notwithstanding any other provision in these Terms, nothing shall limit your rights as a consumer under New Zealand law including under the Consumer Guarantees Act, provided that if you are acquiring the Services for the purposes of a business you agree that the Consumer Guarantees Act 1993 does not apply.

10. INDEMNITY
You agree to indemnify and hold Money Move IT, Service Providers, and their respective subsidiaries, officers, agents, partners, and employees harmless from any claim or demand, including reasonable solicitor’s fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, the use of any other person accessing the Website using your PC, Mobile Phone, internet access account or any other means, your violation of the Terms, or your violation of any rights of another.

11. LIABILITY
11.1. In no event shall Money Move IT, Service Providers, or their respective subsidiaries, officers, agents, partners, or employees be liable for any direct, indirect, incidental, special, consequential or exemplary damages beyond the sum of NZD $500.00 (in addition to refunding the transaction amount and service fees), including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Money Move IT has been advised of the possibility of such damages) resulting from any act or omission (whether negligent or otherwise) on the part of Money Move IT, disbursement partners, or their respective subsidiaries, officers, agents, partners, or employees.

11.2. If the User’s use of material on the Service results in the need for servicing, repair or correction of equipment, software or data, the Client assumes all costs thereof.

11.3. Money Move IT Limited is entitled to assume that all Transactions made using the User’s username and password are authorised by the Client. Money Move IT Limited will not be liable in any way for any direct, indirect or consequential loss suffered by the Client as a result of;
 
11.3.1 any Transaction conducted using the User’s username and password; or
11.3.2 any suspension, withdrawal or termination of the User’s access to Money Move IT Limited’s Service; or
11.3.3 interruptions to the Money Move IT Limited’s Service.
 
11.4 The Client indemnifies and holds Money Move IT Limited harmless against any and all loss suffered by Money Move IT Limited, which may result from the User’s misuse of Money Move IT Limited’s Service or breach of these Terms of Use.

11.5 Access to the Website or Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Money Move IT Limited's control and Money Move IT Limited will incur no liability to the Client.

12. MARKET INFORMATION
12.1 Money Move IT Limited make available market information services generated internally containing, but not limited to financial market data, rates, news, charts or data. Market information provided on this Website or in email format is not intended as foreign exchange advice.

12.2 Money Move IT Limited does not guarantee the accuracy, timelessness, completeness or correct sequencing of the market information. Money Move IT Limited reserves the right to discontinue offering market information at any time without notice.

13. CANCELLATION OF CLIENT ACCESS
13.1 Money Move IT Limited may suspend or withdraw the User’s access to the Money Move IT Limited Service at any time without prior notice if:
 
13.1.1 The User has breached these Terms of Use or has acted fraudulently.

13.1.2 Money Move IT Limited learns;
(a) of the User’s death, bankruptcy or lack of legal capacity; or
(b) that the User has committed an act of bankruptcy or that a bankruptcy petition has been presented against them; or
(c) if the Client is a company, that a liquidator or receiver has been appointed in respect of the Client’s assets.
 
13.1.3 Money Move IT Limited otherwise deems such suspension or withdrawal necessary or appropriate, in its sole discretion.
 
13.2 The Client may cancel the User’s access to the Money Move IT Limited Transaction Account at any time by giving Money Move IT Limited written notice. The Client will remain responsible for any Transactions made on the Client account through the Service up until access to the Client account is actually disabled.

13.3 Transactions in respect of which the User has given Money Move IT Limited instructions and which are to be made after the User’s access to the Money Move IT Limited Service is terminated or suspended will not be effected.

14. GOVERNING LAW AND JURISDICTION
14.1 These Terms of Use and any disputes arising out of or related to the Service are governed by and interpreted by the laws of New Zealand, and each party hereto irrevocably submits to the exclusive jurisdiction of the courts of New Zealand. This is the case regardless of whether the Client or User resides or transacts business with Money Move IT Limited elsewhere in the world.

14.2 Without limiting the foregoing, the Client/User acknowledges and understands that laws regarding foreign exchange contracts vary throughout the world, and it is the Client’s/User’s obligation alone to ensure that they fully comply with any law, regulation or directive, relevant to the Client’s/User’s country of residency with regards to the use of the Service. For avoidance of doubt, the ability to access to the Money Move IT Limited Service does not necessarily mean that the services, and/or the Client’s/User’s activities through it, are legal under the laws, regulations or directives relevant to the Client’s/User’s country of residency.

15. ELECTRONIC COMMUNICATIONS
You acknowledge that these Terms shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means: (i) these Terms and any amendments, modifications or supplements to it; (ii) your records of transactions through the Service; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service or Money Move IT.

The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of these Terms.

In order to access and retain Communications, you must have: (i) an Internet browser that supports 128-bit encryption, such as Mozilla Firefox version 3.0 or above or Internet Explorer version 7.0 or above, (ii) an e-mail account and e-mail software capable of interfacing with Money Move IT’s e-mail servers, (iii) a personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing, (iv) sufficient electronic storage capacity on your computer's hard drive or other data storage unit, (v) a printer that is capable of printing from your browser and e-mail software. In addition, you must promptly update us with any change in your email address by updating your profile. Any failure by you to provide accurate and up to date contact information will result in the immediate termination of your right to access the services provided by Money Move IT.

16. OTHER
a. Entire Agreement. The Terms constitute the entire agreement between you and Money Move IT and governs your use of the Service, superseding any prior agreements between you and Money Move IT.

b. No Waiver. The failure of Money Move IT to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

c. Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give appropriately valid effect to the intention of the Terms as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.

d. Enabling Amendment. We retain the right to
(a)modify or withdraw, temporarily or permanently, the Services (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or

(b) change these Terms from time to time, and your continued use of the Services (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Agreement has been changed. If you do not agree to any change to the Agreement then you must immediately stop using the Services.

(c) We will use our reasonable endeavours to maintain the Services via the website. The Services are subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Services or because of a failure, suspension or withdrawal of all or part of the Services or this website due to circumstances beyond our control.

e. Language. In the event there is any inconsistency between the English and or any other language text on this website, including the Terms, the English text shall be binding.

17. CONTACT INFORMATION
Questions, notifications, and requests for refunds or further information can be sent to Money Move IT, as follows: online at info@MoneyMoveIT.com by telephone at +64 4 889 2803 or by mail at Money Move IT, Customer Service, PO Box 28030, Wellington 6150, New Zealand. 
 
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