Terms & Conditions
MoneyDrop Pty Ltd Terms and Conditions
Australia
All other countries
CONSUMER SCAM & FRAUD ALERT: ALL OUR CUSTOMERS ARE ADVISED TO BE CAREFUL WHEN DEALING WITH STRANGERS AND “UNKNOWN PERSONS”. IF A STRANGER ASKS YOU TO SEND MONEY, ESPECIALLY FROM UNSOLICITED E-MAILS OR INDIVIDUALS YOU DO NOT KNOW OR HAVE NOT MET IN PERSON, FOR INTERNET AUCTIONS, NEWSPAPER OR TELEPHONE OFFERS OR PROMISES OF LOVE OR MARRIAGE.
Australia
1. CONTRACT FORMATION AND OVERVIEW
We first advise you not to share your username or password with others and avoid email phishing. Please notify MoneyDrop if you believe your account with us (username and password) has been compromised, lost or stolen or if someone may have used them without notice.
Please notify MoneyDrop if you notice any website security breaches or loopholes in our website that might be susceptible to attacks. MoneyDrop takes the security of our website and customers’ data very seriously and will not hesitate to seek legal action against any individual or group that tries to steal our customer’s personal information or impersonates our website in any form or shape.
This agreement is between you and MoneyDrop Pty Ltd, trading as MoneyDrop Transfer. These Terms and Conditions govern the terms under which you may access and use this website and its associated services (together, the "Service"). By accessing, registering with, and using the Service, you agree to be bound by the terms of the Terms and Conditions. If you do not wish to be bound by the Terms and Conditions, do not access, register, or use the Service. As used throughout these Terms and Conditions, the terms " MoneyDrop ", "we", "us", and "our" refer to MoneyDrop Pty Ltd, together with its employees, directors, successors, affiliates, and assigns. The terms "you" and "your" refer to users of the Service, whether in their capacity as Senders, beneficiary owners of senders, Recipients (receivers of money transfers), or visitors to this website.
1.1These terms and conditions ("Terms and Conditions") govern the terms under which you may access and use the website (and for these Terms and Conditions “website” will include our App (where applicable) and the services associated with it (together, the "Service"). By accessing, registering with, and requesting to use the Service, you agree to be bound by the terms of these Terms and Conditions. You do not have a standing arrangement to make Transactions; we can decide at our discretion whether to permit any Transaction you request. If you do not wish to be bound by the Terms and Conditions, do not access, register, or use the Service. The language of these Terms and Conditions is English, and all Services, instructions and transactions carried out in connection with it shall be in English.
1.2In these Terms and Conditions, the terms "MoneyDrop", "we", "us", and "our" refer to MoneyDrop Pty Ltd, together with its employees, directors, affiliates, successors, and assigns. MoneyDrop Pty Ltd is a company registered in Australia with ACN 659 255 062, with its registered office at Unit 4, 12 Burton Street CANNINGTON WA 6107.
1.3The terms "you" and "your" refer to users of the Service as Senders, Recipients, other users or visitors to the website
1.4These Terms and Conditions are effective when you first access, register or use the Service. MoneyDrop may unilaterally change the Terms and Conditions at its absolute discretion occasionally. Still, changes will only be effective from the date they are made and will not change the terms on which you previously used the Service. Any changes to these Terms and Conditions will be communicated to you. By continuing to use the Service after the proposed date on which the changes to these Terms and Conditions take effect, you are deemed to accept those changes.
1.5The Service was created: (a) to assist customers in sending money to their family and friends and to receive money from family and friends around the world and (b)to offer customers the ability to credit a mobile phone account with Airtime Top Up. However, registration for the Service does not require us to accept or process any transaction you request. Each Transaction we do accept will be treated as a separate instruction. For security reasons, we recommend sending money or Airtime Top Up through the Service to people you know personally. You must not use the Service to send money or Airtime Top Up to strangers, for example, sellers of goods and/or services, whether private or retail.
1.6Nothing in these Terms and Conditions or in any other information provided by MoneyDrop as part of the Service is intended to be, nor should it be construed as, legal, financial, tax or other advice. You should consult your professional advisers about the effects of Australian or foreign laws that may apply to the Service.
2.DEFINITIONS
In these Terms and Conditions:
"App" means MoneyDrop’s mobile application for sending Payment Requests and/or Transaction Requests.
"Airtime Top Up" means credit added to a mobile phone account, which can be used to make calls, send text or picture messages and use data purchased by the Sender and credited to the Payee’s mobile phone account typically within a few seconds.
"Business Day" means any day on which we are open for business for the execution of Transaction Requests and/or Payment Requests.
"Destination Country" means where the Payee receives money or Airtime Top Up through the Service.
"Instruction" means a Payment Request and/or a Transaction Request.
"Local Taxes" means any taxes or charges payable in the Destination Country.
"Payee" means receiving money or Airtime Top Up through the Service.
"Payment Instrument" means a valid payment instrument such as a bank account, debit card or credit card.
"Payment Request" means a specific instruction from you to a Sender requesting a Transaction.
"Payout Amount" means the amount paid out to the Payee’s account exclusive of the Service Fee after any foreign exchange conversion.
"Recipient" means:
(a) a Payee; or
(b) if you are using the Service to send a Payment Request, someone who receives the Payment Request.
“Registration” means the customer's registration details as updated from time to time.
"Sender" means someone who uses the Service to send money or Airtime Top Up.
"Service Fee" means MoneyDrop’s fee plus any additional charges or Local Taxes applicable to each Transaction, which MoneyDrop may charge in its sole discretion by applicable laws, as may be described on the MoneyDrop website from time to time.
"Service Provider" means a local bank, money exchange house, or other third-party service providers (e.g., mobile network operators) in the Destination Country with whom MoneyDrop works to provide the Service.
"Transaction" means transferring money or Airtime Top Up through the Service.
"Transaction Amount" means the amount of money or the value of the Airtime Top Up that the Sender wishes to send to the Payee as a Transaction, excluding any applicable Service Fee and before any foreign exchange conversion.
"Transaction History" means the record of your Transactions on our website, which you may access using your email and password registration details.
"Transaction Request" means a specific instruction from you requesting us to send money or Airtime Top Up to a Payee through the Service.
3.OUR OBLIGATIONS
3.1Subject to these Terms and Conditions, we agree to provide the Service to you using reasonable care. You acknowledge that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions.
3.2We are not obliged to process, and you have no right to make any Transaction. When you submit a Transaction Request, you are requesting that we process the Transaction on your behalf and consent to the execution of the Transaction. In our sole discretion, we may choose whether to accept the offer to process that Transaction. Suppose we decide not to process the Transaction. In that case, we will notify you promptly of that decision and repay you the Transaction Amount we received if we are not prohibited by law from doing so. If we proceed with the Transaction, we may suspend or cancel it at our discretion.
3.3MoneyDrop reserves the right to modify or discontinue the Service or any part of the Service without notice, at any time and from time to time.
3.4In our absolute discretion, we may refuse any Transaction Request (as further detailed in clause 5) or impose limits on the Transaction Amount. We may do so either on a per Transaction basis or on an aggregate basis, and either in respect of one set of registration details or one Payment Instrument or on related sets of registration details or Payment Instruments.
3.5Delivery times quoted on our service levels or elsewhere on our website represent the “normal” / average service. They are not a guarantee of an individual Service or Transaction time.
3.6We will attempt to process a Transaction promptly, but any Transaction may be delayed or cancelled for several reasons, including but not limited to our efforts to verify your identity; validate your Transaction instructions; contact you; or due to variations in business hours and currency availability; or otherwise, to comply with applicable law.
3.7We may send and receive notifications about a Transaction by email and SMS. We will provide you with information after receipt of a Transaction Request enabling you to identify the Transaction, along with details of the Transaction amount in the currency used in the Transaction Request, our Service Fee, exchange rate and the date on which the Transaction Request was received.
3.8We will attempt to provide Senders and Recipients with up-to-date information regarding our Service Providers' location and opening hours using the information on our website. However, you agree that MoneyDrop shall not be held responsible for any inaccuracies that may appear in that information or any consequential loss that may result from incorrect or incomplete information.
4.YOUR OBLIGATIONS
4.1You agree that:
4.1.1you will not access, use, or attempt to use the Service to provide any Instructions unless you are at least 18 years old and have the legal capacity to form a binding legal contract in any relevant jurisdiction.
4.1.2for each Transaction Request you submit, you will pay us the Service Fee and the Transaction Amount where applicable. Payment becomes due at the time that you submit your Transaction Request. To the maximum extent permitted by law, the Service Fee is non-refundable unless expressly stated in these Terms and Conditions.
4.1.3if you submit a Transaction Request that results in MoneyDrop becoming liable for charges including but not limited to chargeback or other fees, you agree to reimburse us for all such fees.
4.1.4we may apply a convenience fee for processing credit cards in certain jurisdictions at our discretion.
4.1.5you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any Instruction conducted through the Service.
4.1.6in connection with your Registration and use of the Service, you will:
(a) please provide us with true, accurate, current, and complete evidence of your identity, and promptly update your personal information when it changes.
(b) please provide us with any identity documents as may be requested by us.
(c) please provide us with details of one or more Payment Instruments.
(d) please provide us with true, accurate, current, and complete information as we indicate on the website is required to receive the Service and any other information which may be required concerning the Recipient; and
(e) provide us with the following:
(i) any other information that must be provided for a Transaction Request to be properly executed, as specified when you enter the details of the Transaction you are interested in on our website; or
(ii) such information relating to the Transaction as detailed in clause 5.5.
4.2We do not accept any liability for loss or damages to you or any third party resulting from non-payment or delay in payment of a Payout Amount to a Payee or failure to perform an Instruction under the Service if you are in breach of your obligations listed in clause 4.1.
4.3When using the Service under these Terms and Conditions, you must ensure all the details are accurate before submission. Once a Transaction Request has been received, changing any details is not normally possible. You will be allowed to confirm the Transaction Request before submission, and you must check the details carefully.
4.4The total amount (the Transaction Amount, Service Fee and other applicable fees) that you will be required to pay, and the relevant exchange rate will be displayed clearly on the website before you are asked to confirm your Transaction and proceed with the Transaction at this point is entirely optional.
4.5When you pay a Transaction Amount in one currency and the Payout Amount is in another, there will be a difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. MoneyDrop and its Service Providers usually make a small profit in these circumstances. We guarantee you the Payout Amount in local currency. The margin taken on foreign currency exchange covers our risk in guaranteeing this. If a Payee’s account is denominated in a currency other than the currency you instructed us to pay, there may be delays, additional charges or different exchange rates. The Sender is, therefore, responsible for ensuring that the currency requested for the Transaction matches the currency of the account where the funds are to be delivered.
4.6MoneyDrop will have no responsibility for any fees or charges you may incur by using a particular Payment Instrument to fund a Transaction. These may include but are not limited to unauthorised overdraft fees imposed by banks if there are insufficient funds in your bank account or "cash advance" fees and additional interest, which credit card providers may impose if they treat the use of the Service as a cash transaction rather than a purchase transaction.
4.7You will only use the Service to send money to people you know personally and not pay for goods or services from third parties you do not know and trust. You acknowledge that MoneyDrop may refuse to process your Transaction Request where we believe you are using the Service to purchase goods or services from third parties you do not know and trust or where we believe that the Service is being used, by you or the Recipient, in furtherance of fraudulent, illegal, or unethical activities. Suppose you pay third parties for goods and services using the Service. In that case, you acknowledge that MoneyDrop has no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Service is entirely at your own risk.
4.8Both you and the Recipient will only act on your behalf. You may not submit an Instruction or receive a Transaction on behalf of a third person. Suppose you intend to submit an Instruction or receive a Transaction on behalf of a third person. In that case, you must first inform MoneyDrop of your desire to do so and provide us with any additional information about the third person we may request so that we may decide whether to permit the Instruction or Transaction.
4.9In using the Service, you will comply with these Terms and Conditions and any applicable laws, rules, or regulations. It is a breach of these Terms and Conditions to use the Service to send Transaction Amounts: (i) to a Payee who has violated the Terms and Conditions, or (ii) in connection with illegal activity including but not limited to money-laundering, fraud, and the funding of terrorist organisations. Suppose MoneyDrop reasonably believes you are using the Service in connection with illegal activity or for any fraudulent purpose or are permitting a third party to do so. In that case, MoneyDrop may report you to the appropriate legal authorities.
4.10When using our website or the Service or when interacting with MoneyDrop, with another user or with a third party, you will not:
4.10.1breach these Terms and Conditions, or any other agreement between you and MoneyDrop;
4.10.2create more than one Registration without our prior written permission.
4.10.3provide false, inaccurate, or misleading information.
4.10.4allow anyone else accesses your registration details, and you will keep those details safe and secure.
4.10.5refuse to confirm any information you provide to us, including proof of identity, or refuse to cooperate in any investigation.
4.10.6use an anonymising proxy (a tool that attempts to make activity untraceable); or
4.10.7copy or monitor our website using any robot, spider, or other automatic device or manual process, without our prior written permission.
4.11You acknowledge that nothing in these Terms and Conditions or in any other information provided by MoneyDrop as part of the Service is intended to be, nor should it be construed as, legal or other advice. If required, you agree to consult your professional advisers regarding the effects of Australian or foreign laws that may apply to the Service.
5.OUR RIGHT TO REFUSE, SUSPEND OR CANCEL
5.1Registration for the Service does not entitle you to make any transaction you request. We may refuse a Transaction at any time for any reason. Where we permit a Transaction, we may still suspend or cancel the Transaction or the Service under this clause.
5.2We may refuse any Transaction Request, Payment Request or Transaction at any time for any reason (or cancel it where relevant). Notwithstanding this, we set out some examples of when that may occur here.
5.2.1We may, in our absolute discretion, refuse or cancel Transaction Requests or Transactions where we believe that you or the Recipient is using the Service in furtherance of illegal, fraudulent, or unethical activities.
5.2.2We may, in our absolute discretion, refuse or cancel Transaction Requests or Transactions from certain Senders or to certain Payees, including but not limited to entities and individuals on restricted or prohibited lists issued from time to time by any government authorities, if we are required to do so by law, or where we have reason to believe processing the Transaction Requests would violate anti-money laundering or counter-terrorism financing laws and regulations. We may refuse to process a Transaction funded from certain Payment Instruments where we have reason to believe the security of the Payment Instrument has been compromised or where we suspect unauthorised or fraudulent use.
5.2.3In our absolute discretion, we may refuse or cancel Transaction Requests or Transactions if MoneyDrop believes you are using the Service to purchase goods or services from third parties you do not know or trust.
5.2.4We may, in our absolute discretion, refuse or cancel Transaction Requests, Payment Requests or Transactions if:
(a) MoneyDrop is unable to verify your identity.
(b) MoneyDrop is unable to verify the identity of the Recipient.
(c) you do not comply with information requests under clause 5.5; or
(d) MoneyDrop reasonably believes you are using the Service, or allowing it to be used, in breach of these Terms and Conditions or any applicable laws, rules or regulations.
5.3Where MoneyDrop has refused or cancelled a Transaction Request, Transaction or Payment Request, MoneyDrop may also, at its discretion, temporarily or permanently suspend your Registration.
5.4Where MoneyDrop temporarily or permanently suspends your Registration or refuses or cancels a Transaction Request, Payment Request, or a Transaction by this clause 5, MoneyDrop shall be entitled to retain any Service Fees already incurred.
5.5Tocomply with our obligations under relevant laws, we reserve the right to ask for further information or evidence relating to the purpose of a Transaction.
6.YOUR RIGHT TO CANCEL; REFUNDS
6.1To the extent permitted by law, once we have received your Instruction, you do not have the automatic right to revoke it.
6.2Notwithstanding clause 6.1 above, MoneyDrop may, in its absolute discretion, attempt to cancel your Instruction if you have informed us that you wish to revoke it. In some cases, MoneyDrop may have initiated an irreversible request for funds to be paid out to your Payee by a Service Provider and, therefore, cannot guarantee cancellation will be successful. Successful revocations will normally refund your money, less reasonable revocation charges, and any Service Fees already charged within four (4) Business Days.
6.3If you:
6.3.1have any problems using the Service; or
6.3.2are aware of any unauthorised or incorrectly executed Transaction,
you should contact us through the channels listed at the end of these Terms and Conditions without delay and no later than 13 months after the Transaction Amount was debited upon becoming aware of the unauthorised or incorrectly executed Transaction. A request for a refund must be submitted in writing (including by email) to one of the contact points listed at the bottom of these Terms and Conditions, giving the Sender's full name, address, and phone number, together with the Transaction tracking number, Transaction Amount, and the reason for your refund request.
6.4If we have executed the Transaction by the instructions you provided, and that information proves to have been incorrect, we are not liable for the incorrect execution of the Transaction. We will, however, make reasonable efforts to recover the funds. We may charge you a reasonable fee to do so, reflective of our efforts.
6.5Where MoneyDrop has executed the Transaction otherwise than by your Instruction, subject to clause 11.2, MoneyDrop will refund the full amount debited. Unless there are exceptional circumstances, no adjustment will be made for any currency fluctuations which may have occurred between the time you pay us the Transaction Amount and the time of credit.
6.6Any refunds will be credited back to the same Payment Instrument used to fund the Transaction and in the same currency.
7.AIRTIME TOP UP
7.1To send Airtime TopUp, you agree to comply with and undertake the provisions in these Terms and Conditions and this clause 7.
7.2The Airtime TopUp service shall only be provided to you by us regarding the mobile phone operators available on the website, which are subject to change and availability.
7.3You must input the mobile phone number to which any Airtime TopUp will be credited into the appropriate space on the website. You must ensure that you have correctly inputted the mobile phone number. You will then be required to select the amount of Airtime Top-Up with which you wish to credit that mobile phone number.
7.4When sending an Airtime Top Up, you must enter the Payee’s phone number twice. This unique identifier is required to ensure that Airtime Top Up is not sent to the wrong person because of a mistyped number. However, if you enter the wrong number twice, the transfer will go ahead, and there is no way to reclaim or redirect the Airtime Top Up once we have processed the Transaction Request.
7.5You are responsible for checking carefully with the Payee that you have their correct phone number.
7.6The cost of Airtime TopUp will vary depending on the amount of Airtime TopUp you wish to send to your friend or family member and according to the denominations displayed on the website.
7.7The total amount (the Transaction Amount and our Service Fee) that you will be required to pay will be displayed clearly on the website before you are asked to confirm your Transaction, and proceeding with the Transaction at this point is entirely optional.
7.8Several countries worldwide have chosen to apply taxes to incoming Airtime Top Ups. When sending to a Payee in these countries, the corresponding deduction will be made from the Transaction Amount, meaning the Payee will get a lower amount of Airtime Top Up.
7.9If the Payee you are sending to is in a country that does deduct taxes from Airtime Top Ups, you will see information about the rate on the MoneyDrop service or App before completing the transfer.
7.10The Airtime Top-Up is typically sent within a few seconds by us to the mobile phone number you provide upon successful payment by you. Occasionally, there may be a short delay before the relevant mobile operator applies the Airtime Top Up to the mobile phone number, e.g. due to congestion on the local mobile network. If you have questions about a longer delay, please contact: help@moneydrop.com.au
7.11You agree and understand that we only act on your authorisation to send Airtime Top Up. The relevant mobile operator shall be solely liable to you and the Payee of the Airtime Top Up for providing related mobile services to the Airtime Top Up. Once the Airtime Top Up is sent to a mobile phone number, it cannot be refunded or removed from the phone. To stop this mistake from happening, we ask you to ensure that the number you have entered is correct.
7.12You acknowledge that you will lose the right to cancel the Airtime Top Up once we have fully performed the Airtime Top Up service. Accordingly, you will have no right to request a refund under the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) or the Australian Securities and Investments Commission Act 2001 (Cth).
7.13Please note that the website limits the number of Airtime Top Ups that can be performed or the maximum value of Airtime Top Ups sent over a specific period (e.g. daily, weekly, monthly).
7.14Other limits and exclusions related to Airtime Top Ups or website use may be applicable. You will be notified through the website or by email of these additional limitations should they exist or come into existence.
8.PAYMENT REQUEST
8.1You agree that you will not send Payment Requests to strangers, i.e. people you do not know personally.
8.2You acknowledge that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions.
8.3We are not obliged, and there is no standing arrangement to process any payment request. When you submit a Payment Request, you request that we process the Payment Request on your behalf and consent to contact the Sender for these purposes. You acknowledge and agree that when we send a Payment Request by SMS text message to a Sender on your behalf, we may use the mobile telephone number associated with your Registration for this purpose (i.e., the Payment Request we send will show as being sent from your mobile telephone number). In our sole discretion, we may choose whether to process that Payment Request or impose limits on Payment Requests. In particular, we may, in our absolute discretion, refuse Payment Requests and/or suspend or cancel your Registration where (i) you are in breach of clause 4, (ii) we believe that the Service is being used, whether by you or the Sender, in furtherance of illegal, fraudulent or unethical activities, or (iii) we are required to do so by law (including applicable anti-money laundering and counter-terrorism legislation) or (iv) we are unable to verify either your identity or that of the Sender. However, these are examples only, and we are not obliged to permit any Payment Request you submit.
8.4Any Transaction that results from a Payment Request will be handled by these Terms and Conditions, which the Sender will need to accept before any Transaction proceeds.
8.5Cancellation of Payment Requests. Once we have received your Payment Request, you may not cancel it. In such circumstances, you must contact the Sender separately and explain that you require the Payment Request to be treated as cancelled. Please ensure that your Payment Requests are legitimate, accurate and complete.
8.6Cancellation of a Transaction. The cancellation of a Transaction shall be governed by and dealt with by these Terms and Conditions. You shall assist and cooperate with us about all cancellation requests we receive from Senders after a Transaction has been initiated following your Payment Request. Upon request from us, you shall promptly refund to us or a third party of our choice (including the Sender) all monies you receive from a Transaction where we reasonably believe that a Transaction has resulted from your use of the Services in contravention of these Terms and Conditions.
9.COLLECTION OF INFORMATION
9.1Customer Identification Program. Australian law requires financial institutions to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers. We may therefore require you to supply us with personal identifying information relating to you and the Recipient. We may also legally consult other sources to obtain information about you and the Recipient.
9.2Verification and Checks. We will verify your residential address and personal details to confirm your identity. We may also pass your personal information to a credit reference agency, which may record that information. Be assured that this is done only to confirm your identity and that we do not perform credit checks; therefore, your credit rating will be unaffected. We may also need to verify the identity of a Recipient in the same way. All information you provide will be treated securely and strictly by the Privacy Act 1988 (Cth). By accepting these Terms and Conditions, you authorise us to make any necessary inquiries to validate the information you provide. We may do this directly, for example, by asking you for additional information or requiring you to take steps to confirm ownership of your Payment Instruments or email address, or indirectly, for example, by verifying your information against third-party databases or through other sources.
9.3Data Privacy Policy. You consent to our processing of your personal information to provide the Service, including for verification purposes as set out in this clause. You also consent to use such data to enable our authorised third parties and us to communicate with you, and for statutory, accounting, and archival purposes, by the terms of MoneyDrop’s Privacy Policy. You acknowledge that you have read and consented to MoneyDrop’s Privacy Policy. The Privacy Policy can be found under the Privacy Policy on our website.
9.4Government Disclosures. We may be required by law to provide information about you, your use of the Service and your Instructions to the government or other competent authorities as described in our Data Privacy Policy. You acknowledge and consent to us doing this.
9.5MoneyDrop may, as necessary in providing the Service, store all information required of a Recipient to prove his or her identity or associated with their specific Instruction. Such proofs may include a suitable form of valid, unexpired identification from a list of acceptable papers provided by the Service Provider and/or a transaction tracking number, a personal identification number (PIN), a "password", a "secret word", or other similar identifiers.
10.INTELLECTUAL PROPERTY
10.1The MoneyDrop website and the MoneyDrop Service, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks, and service marks) are owned by us, our affiliates, or third parties. All right, titles, and interests in and to the MoneyDrop website and the Service shall remain our property and/or the property of such other third parties.
10.2The MoneyDrop website and the MoneyDrop Service may be used only for the purposes permitted by these Terms and Conditions or described on the website. You are authorised solely to view and retain a copy of the pages of the MoneyDrop website for your personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the MoneyDrop website, the MoneyDrop Service, or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or another automated device to access the MoneyDrop website or the MoneyDrop Service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the MoneyDrop website (or printed pages of the website). The name “MoneyDrop” and other names and indicia of ownership of MoneyDrop’s products and/or services referred to on the MoneyDrop website are our exclusive marks or the exclusive marks of other third parties. Other products, services and company names appearing on the website may be trademarks of their respective owners, and therefore you should not use, copy, or reproduce them in any way.
11.WARRANTIES AND LIABILITY
11.1Where we have materially breached these Terms and Conditions, causing a Sender loss, we will refund the Sender the Transaction Amount and the Service Fee.
11.2If a Transaction is delayed or fails, or if an executed Transaction is not authorised, you may have a right to receive a refund or compensation under laws relating to the provision of international money transfer services. In the case of any unauthorised or incorrectly executed Transaction, any such right may be prejudiced if you do not notify us of the unauthorised or incorrectly executed Transaction without delay or in any event within thirteen months after the debit date. We will provide you with further details of your rights to a refund or compensation if you contact us using the contact details at the end of these Terms and Conditions.
11.3Any available relevant documentation must support any claim for compensation made by you.
11.4If any loss that you suffer is not covered by a right to payment under the laws referred to in clause 11.2, we will only accept liability for that loss up to a limit which is the greater of (a) the amount of any Service Fee and (b) A$500, unless otherwise agreed by us in writing. The cap on our liability only limits a claim for loss arising out of any single Transaction or series of related Transactions or (if a loss does not arise out of a Transaction or related Transactions) any single act, omission or event or related acts, omissions, or events. This means that if, for example, you suffer a loss because we failed to perform our agreement with you under two unrelated Transactions, you might be able to claim up to A$1,000.
11.5We do not, in any event, accept responsibility for the following:
11.5.1any failure to perform the Service (e.g., your Instruction) due to circumstances that could reasonably be due to abnormal and unforeseen circumstances or outside our control or due to our obligations under any applicable laws, rules or regulations.
11.5.2Malfunctions in communications facilities that cannot reasonably be considered under our control and may affect the accuracy or timeliness of messages you send to us.
11.5.3any losses or delays in the transmission of messages arising out of the use of any internet or telecommunications service provider or caused by any browser or other software which is not under our control; or
11.5.4errors on the website or with the Service caused by incomplete or incorrect information provided to us by you or a third party.
11.6Nothing in this clause 11 shall (a) exclude or limit liability on our part for death or personal injury resulting from our negligence; or (b) exclude our liability for fraud.
11.7Where you send a Transaction Amount to a Payee who is not registered with us, you agree to accept the provisions of this clause 11 not only for yourself but also on behalf of the Payee.
11.8Your relationship is with MoneyDrop only. You agree that no affiliate or agent of MoneyDrop owes you any duty of care when performing a task that would otherwise have to be performed by MoneyDrop under its agreement with you.
11.9You understand and acknowledge that you are liable for all losses incurred regarding an unauthorised Transaction or Instruction or any other unauthorised use of the Service where you have acted fraudulently or negligently. You agree to be responsible for and hold harmless MoneyDrop, our subsidiaries, affiliates, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from all loss, damage, claims, actions or demands, including reasonable legal fees, arising out of your use or misuse of this website or Service, all activities that occur under your password, Registration or e-mail login, your violation of these Terms and Conditions or any other violation of the rights of another person or party.
12. USE OF THE APP
12.1In consideration of your agreeing to abide by these Terms and Conditions, we grant you a non-transferable, non-exclusive license to use the App, subject to these Terms and Conditions, our Privacy Policy, and the applicable app-store terms (incorporated into these Terms and Conditions by reference) as may be amended from time to time. We reserve all other rights.
12.2Except as expressly set out in these Terms and Conditions or as permitted by any local law, you agree:
12.2.1not to copy the App (except where such copying is incidental to normal use of the App, or where it is necessary for back-up or operational security); and
12.2.2not to rent, lease, sub-license, loan, alter, translate, merge, adapt, vary, or modify the App.
12.3You acknowledge that the App has not been developed to meet your requirements and that it is, therefore, your responsibility to ensure that the facilities and functions of the App meet your requirements.
12.4We only supply the App for domestic and private use. Supply of the App does not oblige us to permit any Transaction you request. You agree not to use the App for any commercial, business or resale purposes. We have no liability to you for any loss of profit, business interruption, or business opportunity. Specifically (but without limitation), we do not accept any liability for loss or damages to you or any third party resulting from any:
12.4.1delay in us processing an Instruction; or
12.4.2We refuse to execute a Transaction under these Terms and Conditions.
12.5The App is provided to you free of charge; as a result, no representations, conditions, warranties, or other terms of any kind are given in respect of the App. All statutory warranties and conditions are fully excluded, possible under applicable law.
12.6Concerning your use of the App, we do not, in any event, to the extent permitted by law, accept responsibility for the following:
12.6.1any failure to perform the Services, or any losses or delays in the transmission of messages, due to circumstances outside our control or due to our obligations under any applicable laws, rules, or regulations.
12.6.2malfunctions in communications facilities that cannot reasonably be under our control and that may affect the accuracy or timeliness of messages we send to one another.
12.6.3errors in the App or with the Service caused by incomplete or incorrect information provided to us by you or a third party; or
12.6.4any loss or damage you suffered by you because of you using our App on a ‘jailbroken’, ‘rooted’ or otherwise modified device.
13.ELECTRONIC COMMUNICATIONS
13.1You acknowledge that these Terms and Conditions shall be entered into electronically and that the following categories of information ("Communications") may be provided by electronic means:
13.1.1these Terms and Conditions and any amendments, modifications or supplements to it;
13.1.2your records (e.g., of transactions) through the Service.
13.1.3any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by law.
13.1.4any customer service communications, including without limitation communications concerning claims of error or unauthorised use of the Service; and
13.1.5any other communication related to the Service or MoneyDrop.
13.2The Service does not allow communications 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. To withdraw your consent, you must contact us using our contact information at the end of these Terms and Conditions.
13.3To access and retain Communications, you must have or have access to the following:
13.3.1use an internet browser that supports 256 – bit such as Internet Explorer version 8.0 or above.
13.3.2an e-mail account, e-mail software capable of interfacing with MoneyDrop 's e-mail servers and the capability to read an e-mail from MoneyDrop, and a device and internet connection capable of supporting the foregoing; and
13.3.3sufficient electronic storage capacity on your electronic device’s hard drive or other data storage unit; or
13.3.4a printer capable of printing from your browser and e-mail software.
13.4You must promptly update us with any change in your email address by updating your profile at https://moneydrop.au.
14.TERMINATION
14.1You may terminate these Terms and Conditions on one month’s written notice. We may terminate these Terms and Conditions upon two months’ notice, except as provided for in clause 14.2.
14.2We may terminate these Terms and Conditions with immediate effect if you:
14.2.1become, or we reasonably believe or become aware you are likely to become, insolvent or are declared bankrupt.
14.2.2are in breach of any provision of these Terms and Conditions.
14.2.3use the Service or the website in a way that is disruptive to our other customers, or you do anything which, in our opinion, is likely to bring us into disrepute.
14.2.4breach or attempt to breach the security of the website (including but not limited to modifying or attempting to modify any information; unauthorised log-ins, unauthorised data access or deletion; interfering with the service, system, host or network; reverse engineering of any kind; spamming; hacking; falsifying data; introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines; or testing security in any way);or
14.2.5are, in MoneyDrop’s reasonable belief, using the Service in connection with the fraudulent, illegal, or unethical activity or permitting a third party to do so.
15.COMPLAINTS
15.1If you wish to make a complaint about a Transaction or any aspect of the MoneyDrop service, please send your complaint in writing to the address shown on the Contact Us page of our website or by email to help@moneydrop.au
15.2We will acknowledge receipt of your complaint within 2 Business Days. We will investigate your complaint and come back to you with the results of our investigation no later than 7 Business Days after the receipt of our acknowledgement of your complaint.
16.GENERAL
16.1Governing law: These Terms and Conditions are governed by the law of Western Australia, and you and MoneyDrop submit to the exclusive jurisdiction of the courts of Western Australia.
16.2No Waiver: The failure of MoneyDrop to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
16.3Modification: We may modify these Terms and Conditions from time to time without notice to you, except as required by law. Reviewing the website, you can review the most current version of the Terms and Conditions at any time. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify these Terms and Conditions and acknowledge that any attempts by you to modify these Terms and Conditions shall be void.
16.4Entire Agreement: These Terms and Conditions constitute the entire agreement between you and MoneyDrop and supersede all prior understandings or agreements relating to the Service.
16.5Severability: If an arbitrator or court of competent jurisdiction finds any provision of the Terms and Conditions 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 and Conditions as reflected in the provision. The other provisions of the Terms and Conditions shall remain in full force and effect.
16.6Any external links to third party websites on the website are provided as a convenience to you. We do not control these sites in any way. We are not responsible for the accuracy, completeness, legality or any other aspect of these other sites, including any content. You access such websites at your own risk.
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Security
We take security very seriously at MoneyDrop and work hard, using state-of-the-art security measures, to ensure your information remains secure. The MoneyDrop Service is a safe and convenient way to send money and/ or Airtime Top Up to friends, family, and other people you trust.
However, we advise you to consider very carefully before sending money to anyone you do not know well. You should be cautious of deals or offers that seem too good to be true - they may be scams. If you know anyone or any entity using the Service inappropriately, please email us using our contact form. Similarly, if you receive any emails purporting to be from MoneyDrop, which you suspect may be "phishing" (fake) emails, please forward them to us using our contact form.
Contact Information
Questions, notices, and requests for refunds or further information should be sent to MoneyDrop, as follows:
online at www.moneydrop.au;
by email to help@moneydrop.au
by telephone at +61 (0)
or
by post to MoneyDrop:
Attention: Customer Service, MoneyDrop Pty Ltd, P O BOX 1181, CANNINGTON, WA 6987
All other countries
1. CONTRACT FORMATION AND OVERVIEW
1.1 These terms and conditions ("Terms and Conditions") govern the terms under which you may access and use the website (and for these Terms and Conditions “website” will include our App (where applicable) and the services associated with it (together, the "Service"). By accessing, registering with, and using the Service, you agree to be bound by the terms of the Terms and Conditions. If you do not wish to be bound by the Terms and Conditions, do not access, register, or use the Service. The language of these Terms and Conditions is English, and all Services, instructions and transactions carried out in connection with it shall be in English.
1.2 In these Terms and Conditions, the terms "MoneyDrop", "we", "us", and "our" refer to MoneyDrop Pty Ltd, together with its employees, directors, affiliates, successors, and assigns. MoneyDrop Pty Ltd is a registered Australian Company Number with ASIC 659 255 062. with its registered office at Unit 4, 12 Burton Street CANNINGTON WA 6107, Western Australia. MoneyDrop Pty Ltd is authorised by Australian Transaction Reports and Analysis Centre (AUSTRAC) to provide money transfer services.
1.3 The terms "you" and "your" refer to Service users as Senders, Recipients, other users or visitors to the website.
1.4 These Terms and Conditions are effective when you first access, register or use the Service. The Terms and Conditions may change occasionally, but changes will only be effective 2 months from the date they are first notified to you and will keep the terms on which you previously used the Service.
1.5 The Service was created: (a) to assist customers in sending money to their family and friends and to receive money from family and friends around the world and (b) to offer customers the ability to credit a mobile phone account with Airtime Top Up. For security reasons, we recommend sending money or Airtime Top Up through the Service to people you know personally. You must not use the Service to send money or Airtime Top Up to strangers, for example, sellers of goods and/or services, whether private or retail.
2. DEFINITIONS
In these Terms and Conditions:
“App” means MoneyDrop’s mobile application for sending Payment Requests and/or Transaction Requests.
“Airtime Top Up” means credit added to a mobile phone account, which can be used to make calls, send text or picture messages and use data purchased by the Sender and credited to the Payee’s mobile phone account typically within a few seconds.
“Business Day” means any day on which we are open for business for the execution of Transaction Requests and/or Payment Requests.
"Destination Country" means where the Payee receives money or Airtime Top Up through the Service.
“Instruction” means a Payment Request and/or a Transaction Request.
"Local Taxes" means any taxes or charges payable in the Destination Country.
“Payee” means receiving money or Airtime Top Up through the Service.
"Payment Instrument" means a valid payment instrument such as a bank account, debit card or credit card.
“Payment Request” means a specific instruction from you to a Sender requesting a Transaction.
"Payout Amount" means the amount paid out to the Payee’s account exclusive of the Service Fee after any foreign exchange conversion.
"Recipient" means:
(a) a Payee; or
(b) if you are using the Service to send a Payment Request, someone who receives the Payment Request.
"Sender" means someone who uses the Service to send money or Airtime Top Up.
"Service Fee" means MoneyDrop’s fee plus any additional charges or Local Taxes applicable to each Transaction, which MoneyDrop may charge in its sole discretion by applicable laws, as may be described on the MoneyDrop website from time to time.
"Service Provider" means a local bank, money exchange house, or other third-party service providers (e.g., mobile network operators) in the Destination Country with whom MoneyDrop works to provide the Service.
"Transaction" means transferring money or Airtime Top Up through the Service.
“Transaction Amount" means the amount of money or the value of the Airtime Top Up that the Sender wishes to send to the Payee as a Transaction, excluding any applicable Service Fee and before any foreign exchange conversion.
“Transaction History” means the record of your Transactions on our website, which you may access using your email and password registration details.
"Transaction Request" means a specific instruction from you requesting us to send money or AirTime Top Up to a Payee through the Service.
3. OUR OBLIGATIONS
3.1 Subject to these Terms and Conditions, we agree to provide the Service to you using reasonable care. You acknowledge that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions.
3.2 We are not obliged to process any Transaction. When you submit a Transaction Request, you are requesting that we process the Transaction on your behalf and consent to the execution of the Transaction. In our sole discretion, we may choose whether to accept the offer to process that Transaction. Suppose we decide not to process the Transaction. In that case, we will notify you promptly of that decision and repay you the Transaction Amount we received if we are not prohibited by law from doing so. If we proceed with the Transaction, we may suspend or cancel it at our discretion.
3.3 MoneyDrop reserves the right to modify or discontinue the Service or any part of the Service without notice, at any time and from time to time.
3.4 In our absolute discretion, we may refuse any Transaction Request (as further detailed in clause 5) or impose limits on the Transaction Amount. We may do so either on a per Transaction basis or on an aggregate basis, and either in respect of one set of registration details or one Payment Instrument or on related sets of registration details or Payment Instruments.
3.5 Delivery times quoted on our service levels or elsewhere on our website represent the “normal” / average service. They are not a guarantee of an individual Service or Transaction time.
3.6 We will attempt to process Transactions promptly, but any Transaction may be delayed or cancelled for several reasons, including but not limited to our efforts to verify your identity; validate your Transaction instructions; contact you; or due to variations in business hours and currency availability; or otherwise, to comply with applicable law.
3.7 We may send and receive notifications about Transactions by email and SMS. We will provide you with information after receipt of a Transaction Request enabling you to identify the Transaction, along with details of the Transaction amount in the currency used in the Transaction Request, our Service Fee, exchange rate and the date on which the Transaction Request was received.
3.8 We will attempt to provide Senders and Recipients with up-to-date information regarding our Service Providers' location and opening hours using the information on our website. However, you agree that MoneyDrop shall not be held responsible for any inaccuracies that may appear in that information or any consequential loss that may result from incorrect or incomplete information.
4. YOUR OBLIGATIONS
4.1 You agree that:
4.1.1 you will not access, use, or attempt to use the Service to provide any Instructions unless you are at least 18 years old and have the legal capacity to form a binding legal contract in any relevant jurisdiction.
4.1.2 You will pay us the Service Fee and the Transaction Amount for each Transaction Request you submit. Payment becomes due at the time that you submit your Transaction Request. To the maximum extent permitted by law, the Service Fee is non-refundable unless expressly stated in these Terms and Conditions. Suppose you submit a Transaction Request that results in MoneyDrop becoming liable for charges including but not limited to chargeback or other fees. In that case, you agree to reimburse us for all such fees.
4.1.3 we may apply a convenience fee for processing credit cards in certain jurisdictions at our discretion.
4.1.4 you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any Instruction being conducted through the Service.
4.1.5 in connection with your registration and use of the Service, you will:
(a) please provide us with true, accurate, current, and complete evidence of your identity, and promptly update your personal information when it changes.
(b) please provide us with any identity documentation as may be requested by us.
(c) please provide us with details of one or more Payment Instruments.
(d) please provide us with true, accurate, current and complete information as we indicate on the website is required to receive the Service and any other information which may be required about the Recipient.
(e) provide us with the following:
(i) any other information that must be provided for a Transaction Request to be properly executed, as specified when you enter the details of the Transaction you are interested in on our website; and
(ii) such information relating to the Transaction as detailed in clause 5.4.
4.2 We do not accept any liability for loss or damages to you or any third party resulting from non-payment or delay in payment of a Payout Amount to a Payee or failure to perform an Instruction under the Service if you are in breach of your obligations listed in clause 4.1.
4.3 When using the Service under these Terms and Conditions, you must ensure all the details are accurate before submission. Once a Transaction Request has been received, changing any details is not normally possible. You will be allowed to confirm Transaction Requests before submission, and you must check the details carefully.
4.4 The total amount (the Transaction Amount, Service Fee and other applicable fees) you will be required to pay and the relevant exchange rate will be displayed clearly on the website before you are asked to confirm your Transaction and proceed with the Transaction at this point is entirely optional.
4.5 When you pay a Transaction Amount in one currency and the Payout Amount in another, there will be a difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. MoneyDrop and its Service Providers usually make a small profit in these circumstances. We guarantee you the Payout Amount in local currency. The margin taken on foreign currency exchange covers our risk in guaranteeing this. If a Payee’s account is denominated in a currency other than the currency you instructed us to make payment in; there may be delays, additional charges or different exchange rates. The Sender is, therefore, responsible for ensuring that the currency requested for the Transaction matches the currency of the account where the funds are to be delivered.
4.6 MoneyDrop will have no responsibility for any fees or charges you may incur by using a particular Payment Instrument to fund a Transaction. These may include but are not limited to unauthorised overdraft fees imposed by banks if there are insufficient funds in your bank account or "cash advance" fees and additional interest, which credit card providers may impose if they treat the use of the Service as a cash transaction rather than a purchase transaction.
4.7 You will only use the Service to send money to people you know personally and not pay for goods or services from third parties you do not know and trust. You acknowledge that MoneyDrop may refuse to process your Transaction Request where we believe you are using the Service to purchase goods or services from third parties you do not know and trust or where we believe that the Service is being used, by you or the Recipient, in furtherance of fraudulent, illegal, or unethical activities. Suppose you pay third parties for goods and services using the Service. In that case, you acknowledge that MoneyDrop has no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Service is entirely at your own risk.
4.8 Both you and the Recipient will only act on your behalf. You may not submit an Instruction or receive a Transaction on behalf of a third person. Suppose you intend to submit an Instruction or receive a Transaction on behalf of a third person. In that case, you must first inform MoneyDrop of your desire to do so and provide us with any additional information about the third person we may request so that we may decide whether to permit the Instruction or Transaction.
4.9 In using the Service, you will comply with these Terms and Conditions and any applicable laws, rules or regulations. It is a breach of these Terms and Conditions to use the Service to send Transaction Amounts: (i) to a Payee who has violated the Terms and Conditions, or (ii) in connection with illegal activity including but not limited to money-laundering, fraud, and the funding of terrorist organisations. Suppose MoneyDrop reasonably believes you are using the Service in connection with illegal activity or for any fraudulent purpose or are permitting a third party to do so. In that case, MoneyDrop may report you to the appropriate legal authorities.
4.10 When using our website or the Service or when interacting with MoneyDrop, with another user or with a third party, you will not:
4.10.1 breach these Terms and Conditions, or any other agreement between you and MoneyDrop;
4.10.2 create more than one registration without our prior written permission.
4.10.3 provide false, inaccurate, or misleading information.
4.10.4 allow anyone else access your registration details, and you will keep those details safe and secure.
4.10.5 refuse to confirm any information you provide to us, including proof of identity, or refuse to cooperate in any investigation.
4.10.6 use an anonymising proxy (a tool that attempts to make activity untraceable); or
4.10.7 copy or monitor our website using any robot, spider, or other automatic device or manual process, without our prior written permission.
4.11 You acknowledge that nothing in these Terms and Conditions or in any other information provided by MoneyDrop as part of the Service is intended to be, nor should it be construed as, legal or other advice. If required, you agree to consult your professional advisers regarding the effects of English or foreign laws that may apply to the Service.
5. OUR RIGHT TO REFUSE, SUSPEND OR CANCEL
5.1 We may refuse any Transaction Request, Payment Request or Transaction at any time for any reason (or cancel it where relevant). Notwithstanding this, we set out some examples of when that may occur here.
5.1.1 We may, in our absolute discretion, refuse or cancel Transaction Requests or Transactions where we believe that you or the Recipient is using the Service in furtherance of illegal, fraudulent or unethical activities.
5.1.2 We may, in our absolute discretion, refuse or cancel Transaction Requests or Transactions from certain Senders or to certain Payees, including but not limited to entities and individuals on restricted or prohibited lists issued from time to time by any government authorities, if we are required to do so by law, or where we have reason to believe processing the Transaction Requests would violate anti-money laundering or counter-terrorism financing laws and regulations. We may refuse to process a Transaction funded from certain Payment Instruments where we have reason to believe the security of the Payment Instrument has been compromised or where we suspect unauthorised or fraudulent use.
5.1.3 In our absolute discretion, we may refuse or cancel Transaction Requests or Transactions if MoneyDrop believes you are using the Service to purchase goods or services from third parties you do not know or trust.
5.1.4 We may, in our absolute discretion, refuse or cancel Transaction Requests, Payment Requests or Transactions if:
(a) MoneyDrop is unable to verify your identity.
(b) MoneyDrop is unable to verify the identity of the Recipient.
(c) You do not comply with information requests under clause 5.4; or
(d) MoneyDrop reasonably believes you are using the Service, or allowing it to be used, in breach of these Terms and Conditions or any applicable laws, rules or regulations.
5.2 Where MoneyDrop has refused or cancelled a Transaction Request, Transaction or Payment Request, MoneyDrop may also, at its discretion, temporarily or permanently suspend your Registration.
5.3 Where MoneyDrop temporarily or permanently suspends your Registration or refuses or cancels a Transaction Request, Payment Requestor a Transaction by this clause 5, MoneyDrop shall be entitled to retain any Service Fees already incurred.
5.4 To comply with our obligations under relevant laws, we reserve the right to ask for further information or evidence relating to the purpose of a Transaction.
6. YOUR RIGHT TO CANCEL; REFUNDS
6.1 To the extent permitted by law, once we have received your Instruction, you do not have the automatic right to revoke it.
6.2 Notwithstanding clause 6.1 above, MoneyDrop may, in its absolute discretion, attempt to cancel your Instruction if you have informed us that you wish to revoke it. In some cases, MoneyDrop may have initiated an irreversible request for funds to be paid out to your Payee by a Service Provider and, therefore cannot guarantee cancellation will be successful. For successful revocations, MoneyDrop will normally refund your money, less any reasonable revocation charges and any Service Fees already charged, within four (4) Business Days.
6.3 If you:
6.3.1 have any problems using the Service; or
6.3.2 are aware of any unauthorised or incorrectly executed Transactions.
you should contact us through the channels listed at the end of these Terms and Conditions without delay and in any event by 13 months after the date the Transaction Amount was debited upon becoming aware of the unauthorised or incorrectly executed Transaction. A request for a refund must be submitted in writing (including by email) to one of the contact points listed at the bottom of these Terms and Conditions, giving the Sender's full name, address, and phone number, together with the Transaction tracking number, Transaction Amount, and the reason for your refund request.
6.4 If we have executed the Transaction by the instructions you provided, and that information proves to have been incorrect, we are not liable for the incorrect execution of the Transaction. We will, however, make reasonable efforts to recover the funds. We may charge you a reasonable fee to do so, reflective of our efforts.
6.5 Where MoneyDrop has executed the Transaction otherwise than by your Instruction, subject to clause 11.2, MoneyDrop will refund the full amount debited. Unless there are exceptional circumstances, no adjustment will be made for any currency fluctuations which may have occurred between the time you pay us the Transaction Amount and the time of credit.
6.6 Any refunds will be credited back to the same Payment Instrument used to fund the Transaction and in the same currency.
7. AIRTIME TOP UP
7.1 To send Airtime Top Up, you agree to comply with and undertake the provisions in these Terms and Conditions and this clause 7.
7.2 The Airtime Top-Up service shall only be provided to you by us regarding the mobile phone operators available on the website, which are subject to change and availability.
7.3 You must input the mobile phone number to which any Airtime Top Up will be credited into the appropriate space on the website. You must ensure that you have correctly inputted the mobile phone number. You will then be required to select the amount of Airtime Top-Up with which you wish to credit that mobile phone number.
7.4 When sending an Airtime Top Up, you must enter the Payee’s phone number twice. This unique identifier is required to ensure that Airtime Top Up is not sent to the wrong person because of a mistyped number. However, if you enter the wrong number twice, the transfer will go ahead, and there is no way to reclaim or redirect the Airtime Top Up once we have processed the Transaction Request.
7.5 You are responsible for checking carefully with the Payee that you have their correct phone number.
7.6 The cost of an Airtime Top Up will vary depending on the amount of Airtime Top Up you wish to send to your friend or family member and according to the denominations displayed on the website.
7.7 The total amount (the Transaction Amount and our Service Fee) that you will be required to pay will be displayed clearly on the website before you are asked to confirm your Transaction, and proceeding with the Transaction at this point is entirely optional.
7.8 Several countries worldwide have chosen to apply taxes to incoming Airtime Top Ups. When sending to a Payee in these countries, the corresponding deduction will be made from the Transaction Amount, meaning the Payee will get a lower amount of Airtime Top Up.
7.9 If the Payee you are sending to is in a country that does deduct taxes from Airtime Top Ups, you will see information about the rate on the MoneyDrop service or App before completing the transfer.
7.10 The Airtime Top-Up is typically sent within a few seconds by us to the mobile phone number you provide upon successful payment by you. Occasionally, there may be a short delay before the relevant mobile operator applies the Airtime Top Up to the mobile phone number, e.g. due to local network congestion. If you have questions about a longer delay, please contact help@moneydrop.au
7.11 You agree and understand that we only act on your authorisation to send Airtime Top Up. The relevant mobile operator shall be solely liable to you and the Payee of the Airtime Top Up for providing mobile services related to the Airtime Top Up. Once the Airtime Top Up is sent to a mobile phone number, it cannot be refunded or removed from the phone. To stop this mistake from happening, we ask you to ensure that the number you have entered is correct.
7.12 You acknowledge that you will lose the right to cancel the Airtime Top Up once we have fully performed the Airtime Top Up service. Accordingly, you cannot request a refund under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013.
7.13 Please note that the website limits the number of Airtime Top Ups that can be performed, or the maximum value of Airtime Top Ups sent over a specific period (e.g. daily, weekly, monthly).
7.14 Other limits and exclusions related to Airtime Top Ups or website use may be applicable. You will be notified through the website or by email of these additional limitations should they exist or come into existence.
8. PAYMENT REQUEST
8.1 You agree that you will not send Payment Requests to strangers, i.e. people you do not know personally.
8.2 You acknowledge that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions.
8.3 We are not obliged to process any Payment Request. When you submit a Payment Request, you request that we process the Payment Request on your behalf and consent to contact the Sender for these purposes. You acknowledge and agree that when we send a Payment Request by SMS text message to a Sender on your behalf, we may use the mobile telephone number associated with your account for this purpose (i.e., the Payment Request we send will show as being sent from your mobile telephone number). In our sole discretion, we may choose whether to process that Payment Request or impose limits on Payment Requests. In particular, we may, in our absolute discretion, refuse Payment Requests and/or suspend or cancel your account with us where (i) you are in breach of clause 4, (ii) we believe that the Service is being used, whether by you or the Sender, in furtherance of illegal, fraudulent or unethical activities, or (iii) we are required to do so by law (including applicable anti-money laundering and counter-terrorism legislation) or (iv) we are unable to verify either your identity or that of the Sender.
8.4 All Transactions that result from a Payment Request will be handled by these Terms and Conditions, which the Sender will need to accept before any Transaction proceeds.
8.5 Cancellation of Payment Requests. Once we have received your Payment Request, you may not cancel it. In such circumstances, you must contact the Sender separately and explain that you require the Payment Request to be treated as cancelled. Please ensure that your Payment Requests are legitimate, accurate and complete.
8.6 Cancellation of Transactions. The cancellation of Transactions shall be governed by and dealt with by these Terms and Conditions. You shall assist and cooperate with us about all cancellation requests we receive from Senders after a Transaction has been initiated following your Payment Request. Upon request from us, you shall promptly refund to us or a third party of our choice (including the Sender) all monies you receive from Transactions where we reasonably believe that such Transactions have resulted from your use of the Services in contravention of these Terms and Conditions.
9. COLLECTION OF INFORMATION
9.1 Customer Identification Program. English law requires all financial institutions to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers. Therefore, we may require you to supply us with personal identifying information relating to you and the Recipient. We may also legally consult other sources to obtain information about you and the Recipient.
9.2 Verification and Checks. We will verify your residential address and personal details to confirm your identity. We may also pass your personal information to a credit reference agency, which may record that information. Be assured that this is done only to confirm your identity and that we do not perform credit checks; therefore, your credit rating will be unaffected. We may also need to verify the identity of a Recipient in the same way. All information you provide will be treated securely and strictly by the Data Protection Act 1998. By accepting these Terms and Conditions, you authorise us to make any necessary inquiries to validate the information you provide. We may do this directly, for example, by asking you for additional information or requiring you to take steps to confirm ownership of your Payment Instruments or email address, or indirectly, for example, by verifying your information against third-party databases or through other sources.
9.3 Data Privacy Policy. You consent to our processing of your personal information to provide the Service, including for verification purposes as set out in this clause. You also consent to use such data to enable our authorised third parties and us to communicate with you and for statutory, accounting, and archival purposes by the terms of MoneyDrop's Privacy Policy. You acknowledge that you have read and consented to MoneyDrop's Privacy Policy. The Privacy Policy can be found on the “Contact Us page” on our website: www.moneydrop.au fyfstffyetuxcfvasst
9.4 Government Disclosures. We may be required by law to provide information about you, your use of the Service and your Instructions to the government or other competent authorities as described in our Data Privacy Policy. You acknowledge and consent to us doing this.
9.5 MoneyDrop may, as necessary in providing the Service, store all information required of a Recipient to prove his or her identity or associated with their specific Instruction. Such proofs may include a suitable form of valid, unexpired identification from a list of acceptable papers provided by the Service Provider and/or a transaction tracking number, a personal identification number (PIN), a "password", a "secret word", or other similar identifiers.
10. INTELLECTUAL PROPERTY
10.1 The MoneyDrop website and the MoneyDrop Transfer Service, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks, and service marks) are owned by us, our affiliates, or third parties. All right, titles and interests in and to the MoneyDrop website and the Service shall remain our property and/or the property of such other third parties.
10.2 The MoneyDrop website and the MoneyDrop Service may be used only for the purposes permitted by these Terms and Conditions or described on the website. You are authorised solely to view and retain a copy of the pages of the MoneyDrop website for your personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the MoneyDrop website, the MoneyDrop Service, or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or another automated device to access the MoneyDrop website or the MoneyDrop Service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the MoneyDrop website (or printed pages of the website). The name “MoneyDrop” and other names and indicia of ownership of MoneyDrop's products and/or services referred to on the MoneyDrop website are our exclusive marks or the exclusive marks of other third parties. Other products, services and company names appearing on the website may be trademarks of their respective owners, and therefore you should not use, copy, or reproduce them in any way.
11. WARRANTIES AND LIABILITY
11.1 Where we have materially breached these Terms and Conditions, causing a Sender loss, we will refund the Sender the Transaction Amount and the Service Fee.
11.2 If a Transaction is delayed or fails, or if an executed Transaction is not authorised, you may have a right to receive a refund or compensation under laws relating to the provision of international money transfer services. In the case of any unauthorised or incorrectly executed Transaction, any such right may be prejudiced if you do not notify us of the unauthorised or incorrectly executed Transaction without delay or within thirteen months after the debit date. We will provide you with further details of your rights to a refund or compensation if you contact us using the contact details at the end of these Terms and Conditions.
11.3 Any available relevant documentation must support any claim for compensation made by you.
11.4 If any loss that you suffer is not covered by a right to payment under the laws referred to in clause 11.2, we will only accept liability for that loss up to a limit which is the greater of: (a) the amount of any Service Fee and (b) $500, unless otherwise agreed by us in writing. The cap on our liability only limits a claim for loss arising out of any single Transaction or series of related Transactions or (if a loss does not arise out of a Transaction or related Transactions) any single act, omission or event or related acts, omissions, or events. This means that if, for example, you suffer loss because we fail to perform our agreement with you under two unrelated Transactions, you might be able to claim up to $1,000.
11.5 We do not, in any event, accept responsibility for:
11.5.1 any failure to perform the Service (e.g., your Instruction) due to circumstances that could reasonably be due to abnormal and unforeseen circumstances or outside our control or due to our obligations under any applicable laws, rules, or regulations.
11.5.2 malfunctions in communications facilities that cannot reasonably be under our control and that may affect the accuracy or timeliness of messages you send to us.
11.5.3 any losses or delays in the transmission of messages arising out of the use of any internet or telecommunications service provider or caused by any browser or other software which is not under our control; or
11.5.4 errors on the website or with the Service caused by incomplete or incorrect information provided to us by you or a third party.
11.6 Nothing in this clause 11 shall (a) exclude or limit liability on our part for death or personal injury resulting from our negligence; or (b) exclude our liability for fraud.
11.7 Where you send a Transaction Amount to a Payee who is not registered with us, you agree to accept the provisions of this clause 11 not only for yourself but also on behalf of the Payee.
11.8 Your relationship is with MoneyDrop only. You agree that no affiliate or agent of MoneyDrop owes you any duty of care when performing a task that would otherwise have to be performed by MoneyDrop under its agreement with you.
11.9 You understand and acknowledge that you are liable for all losses incurred regarding an unauthorised Transaction or Instruction or any other unauthorised use of the Service, where you have acted fraudulently or negligently. You agree to be responsible for and hold harmless MoneyDrop, our subsidiaries, affiliates, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from all loss, damage, claims, actions or demands, including reasonable legal fees, arising out of your use or misuse of the website or Service, all activities that occur under your password or account email login, your violation of these Terms and Conditions or any other violation of the rights of another person or party.
12. USE OF THE APP
12.1 In consideration of your agreeing to abide by these Terms and Conditions, we grant you a non-transferable, non-exclusive license to use the App, subject to these Terms and Conditions, our Privacy Policy, and the applicable app-store terms (incorporated into these Terms and Conditions by reference) as may be amended from time to time. We reserve all other rights.
12.2 Except as expressly set out in these Terms and Conditions or as permitted by any local law, you agree:
12.2.1 not to copy the App (except where such copying is incidental to normal use of the App, or where it is necessary for back-up or operational security); and
12.2.2 not to rent, lease, sub-license, loan, alter, translate, merge, adapt, vary, or modify the App.
12.3 You acknowledge that the App has yet to be developed to meet your requirements and that it is, therefore, your responsibility to ensure that the facilities and functions of the App meet your requirements.
12.4 We only supply the App for domestic and private use. You agree not to use the App for commercial, business or resale purposes. We have no liability to you for any loss of profit, business interruption, or business opportunity. Specifically (but without limitation), we do not accept any liability for loss or damages to you or any third party resulting from any delay in processing an Instruction or refusal by us to execute a Transaction under these Terms and Conditions.
12.5 The App is provided to you free of charge; as a result, no representations, conditions, warranties, or other terms of any kind are given in respect of the App. All statutory warranties and conditions are fully excluded, possible under applicable law.
12.6 About your use of the App, we do not, in any event, to the extent permitted by law, accept responsibility for the following:
12.6.1 any failure to perform the Services, or any losses or delays in the transmission of messages, due to circumstances outside our control or due to our obligations under any applicable laws, rules, or regulations.
12.6.2 malfunctions in communications facilities that cannot reasonably be under our control and that may affect the accuracy or timeliness of messages we send to one another.
12.6.3 errors in the App or with the Service caused by incomplete or incorrect information provided to us by you or a third party; or
12.6.4 any loss or damage you suffered by you because of you using our App on a ‘jailbroken’, ‘rooted’ or otherwise modified device.
13. ELECTRONIC COMMUNICATIONS
13.1 You acknowledge that these Terms and Conditions shall be entered into electronically and that the following categories of information ("Communications") may be provided by electronic means:
13.1.1 these Terms and Conditions and any amendments, modifications, or supplements to them.
13.1.2 your records (e.g., of transactions) through the Service.
13.1.3 any initial, periodic, or other disclosures or notices provided in connection with the Service, including without limitation those required by law.
13.1.4 any customer service communications, including without limitation communications concerning claims of error or unauthorised use of the Service; and
13.1.5 any other communication related to the Service or MoneyDrop.
13.2 The Service does not allow communications 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. To withdraw your consent, you must contact us using our contact information at the end of these Terms and Conditions.
13.3 To access and retain Communications, you must have or have access to the following:
13.3.1 an internet browser that supports 256 – bit such as Internet Explorer version 8.0 or above.
13.3.2 an e-mail account, e-mail software capable of interfacing with MoneyDrop 's e-mail servers and the capability to read an e-mail from MoneyDrop, and a device and internet connection capable of supporting the foregoing; and
13.3.3 sufficient electronic storage capacity on your electronic device’s hard drive or other data storage unit; or
13.3.4 a printer capable of printing from your browser and e-mail software.
13.4 Also, you must promptly update us with any change in your email address by updating your profile at https://www.moneydrop.au
14. TERMINATION
14.1 You may terminate these Terms and Conditions on one month’s written notice. We may terminate these Terms and Conditions upon two months’ notice, except as provided for in clause 14.2.
14.2 We may terminate these Terms and Conditions with immediate effect if you:
14.2.1 become, or we reasonably believe or become aware you are likely to become, insolvent or are declared bankrupt.
14.2.2 are in breach of any provision of these Terms and Conditions.
14.2.3 use the Service or the website in a way that is disruptive to our other customers, or you do anything which, in our opinion, is likely to bring us into disrepute.
14.2.4 breach or attempt to breach the security of the website (including but not limited to modifying or attempting to modify any information; unauthorised log-ins, unauthorised data access or deletion; interfering with the service, system, host or network; reverse engineering of any kind; spamming; hacking; falsifying data; introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines; or testing security in any way); or
14.2.5 are, in MoneyDrop’s reasonable belief, using the Service in connection with a fraudulent, illegal, or unethical activity or permitting a third party to do so.
15. COMPLAINTS
15.1 If you wish to make a complaint about any aspect of the MoneyDrop service, please send your complaint in writing to the address shown on the Contact Us page of our website or by email to help@moneydrop.au
15.2 We will acknowledge receipt of your complaint within 2 Business Days. We will investigate your complaint and come back to you with the results of our investigation within 7 Business Days after the receipt of our acknowledgement of your complaint. If you are not satisfied with how we have dealt with your complaint or the outcome, then you may refer the matter to the Financial Ombudsman Service, 489/469 Wellington St, Perth WA 6000; Phone: 1800 117 000
16. GENERAL
16.1 Governing law: this Agreement will be governed by Australian law, and the parties submit to the exclusive jurisdiction of the Australian Courts.
16.2 No Waiver: The failure of MoneyDrop to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
16.3 Modification: We may modify these Terms and Conditions from time to time without notice to you, except as required by law. Reviewing the website, you can review the most current version of the Terms and Conditions at any time. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify these Terms and Conditions and acknowledge that any attempts by you to modify these Terms and Conditions shall be void.
16.4 Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements relating to the subject matter of this agreement.
16.5 Severability: If an arbitrator or court of competent jurisdiction finds any provision of the Terms and Conditions 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 and Conditions as reflected in the provision. The other provisions of the Terms and Conditions shall remain in full force and effect.
16.6 Any external links to third party websites on the website are provided as a convenience to you. We do not control these sites in any way. We are not responsible for the accuracy, completeness, legality or any other aspect of these other sites, including any content. You access such websites at your own risk.
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Security
We take security very seriously at MoneyDrop and work hard, using state-of-the-art security measures, to ensure your information remains secure. The MoneyDrop Service is a safe and convenient way to send money and/ or Airtime Top Up to friends, family, and other people you trust.
However, we advise you to consider very carefully before sending money to anyone you do not know well. You should be cautious of deals or offers that seem too good to be true - they may be scams. If you know anyone or any entity using the Service inappropriately, please email us using our help@moneydrop.au. Similarly, if you receive any emails purporting to be from MoneyDrop, which you suspect may be "phishing" (fake) emails, please forward them to us using our help@moneydrop.au
Contact Information
Questions, notices, and requests for refunds or further information should be sent to MoneyDrop, as follows:
online at https://www.moneydrop.au/contact-us/
by email to help@moneydrop.au
by telephone at +61 (0)
or
by post to MoneyDrop Pty Ltd:
Attention: Customer Service, MoneyDrop Pty Ltd, P O BOX 1181, CANNINGTON, WA 6987