Terms & Conditions

1. THE FOLLOWING DEFINITIONS APPLY TO THIS AGREEMENT, HEREINAFTER REFERRED TO AS THE "USER AGREEMENT".

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 with 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 "UnityLink", "we", "us", and "our" refer to Unity Monetary Services BV, together with its employees, directors, affiliates, successors, and assigns. UnityLink is a company registered with the Dutch Chamber of Commerce with number 34239397 in The Netherlands, with its registered office at Bijlmerdreef 1129A, 1103 TT Amsterdam, The Netherlands. UnityLink is authorised by De Nederlandsche Bank (DNB) under the Payment Service Directive 2 with registration number F0024 for the provision of payment services.

1.3 The terms "you" and "your" refer to users of the Service, as Senders, Recipients, other users or visitors to the website.

1.4 These Terms and Conditions are effective from the date on which you first access, register or use the Service. The Terms and Conditions may change from time to time, but changes will only be effective 2 months from the date they are first notified to you and will not change the terms on which you previously used the Service.

1.5 The Service was created: (a) to assist customers to send money to their family and friends, in the countries where we may offer our services (b) to offer other services in line with our remittance service. For security reasons, we recommend that you only send money through the Service to people you know personally. You must not use the Service to send money to strangers, for example sellers of goods and/or services, whether private or retail.

2. DEFINITIONS

In these Terms and Conditions:

• "App" means UnityLink's mobile application for the sending of Payment Requests and/or Transaction Requests.
• "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 the country in which the Payee receives money 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 someone who receives money through the Service.
• "Payment Instrument" means a valid instrument of payment 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, after any foreign exchange conversion, to the Payee's account exclusive of the Service Fee.
• "Prohibited" means activities which involve narcotics, steroids, pharmaceuticals, chemicals, drug paraphernalia, tobacco, seeds, plants, animals, military or semi-military goods or services, weapons (including dual-use goods), adult services or content, bitcoin or other cryptocurrency, binary options or gambling services or any other activities that are prohibited by UnityLink's policies as amended from time to time.
• "Recipient" means: (a) a Payee; or (b) in the event that 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.
• "Service Fee" means UnityLink's fee plus any additional charges or Local Taxes applicable to each Transaction, which UnityLink may charge in its sole discretion in accordance with applicable laws, as may be described on the UnityLink 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 UnityLink works to provide the Service.
• "Transaction" means the transfer of money through the Service.
• "Transaction Amount" means the amount of money that the Sender wishes to send to the Payee as a Transaction, excluding any applicable Service Fee and prior to 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 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 particular Transaction. When you submit a Transaction Request, you are requesting that we process the Transaction on your behalf and consenting to the execution of the Transaction. We may, in our sole discretion, choose whether to accept the offer to process that Transaction. If we decide not to process the Transaction, we will notify you promptly of that decision and repay to you the Transaction Amount received by us, provided that we are not prohibited by law from doing so. If we choose to proceed with the Transaction we may still suspend or cancel it in our discretion.

3.3 UnityLink 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 We may, in our absolute discretion, 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 are representative for the "normal" / average service and 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 a number of reasons including but not limited to: our efforts to verify your identity; to validate your Transaction instructions; to 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 in relation to 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 amount of the Transaction 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 For the purpose of the Payment Services Directive 2, the following fields either in totality or a subset thereof can be unique identifiers: Bank Transfers, Bank Name, Branch Name, Account Number, Bank Code, Branch Code, IBAN, BIC (or SWIFT), Account Type, Cash Pick Up, Payee Full Name, Mobile Money, Mobile Money Account Number

3.9 Mobile Top Up/money – A number of countries around the world have chosen to apply local taxes to incoming Airtime Top Ups and mobile wallets. When sending to a Recipient in these countries the corresponding deduction will be made from the Transaction Amount. Meaning the Recipient will get a lower amount of Airtime Top Up/Mobile Money.

3.10 In the event you have provided us with an incorrect unique identifier in respect of a Transaction which falls under the Payment Services Directive 2 and your Transaction has been misdirected, you may make a written request for the full details of the Payee by contacting us using one of the channels listed at the end of these Terms and Conditions and we will provide you with such details to the extent required and permitted by law.

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 that you have the legal capacity to form a binding legal contract in any relevant jurisdiction;

4.1.2 for each Transaction Request that you submit, you will pay us the Service Fee in addition to the Transaction Amount. 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. If you submit a Transaction Request that results in UnityLink becoming liable for charges including but not limited to chargeback or other fees, 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) provide us with true, accurate, current and complete evidence of your identity, and promptly update your personal information if it changes;
• (b) provide us with any valid identity documentations as may be requested by us;
• (c) provide us with details of one or more Payment Instruments;
• (d) 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 in relation to the Recipient;

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.

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 here some examples of when that may occur.

5.1.1 We may, in our absolute discretion, refuse or cancel Transaction Requests or Transactions where we believe that the Service is being used, whether by you or the Recipient, in furtherance of illegal, fraudulent or Prohibited 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.

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, UnityLink may, in its absolute discretion, or shall if required by law, attempt to cancel or recall your Instruction if you have informed us that you wish to revoke it. In some cases, UnityLink 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 UnityLink will normally refund your money, less any reasonable revocation, recall or tracing charges and any Service Fees already charged, within fourteen (14) Business Days.

6.3 If you have any problems using the Service or 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 no later than 1 months after the date the Transaction Amount was debited.

8. COLLECTION OF INFORMATION

8.1 Customer Identification Program. Dutch 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. We may therefore require you to supply us with personal identifying information relating to you and the Recipient and we may also legally consult other sources to obtain information about you and the Recipient.

8.2 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 keep a record of that information. All information provided by you will be treated securely and strictly in accordance with the EU General Data Protection Regulation.

8.3 Data Privacy Policy. You consent to our processing your personal information for the purposes of providing the Service, including for verification purposes as set out in this clause. You acknowledge that you have read and consented to UnityLink's Privacy Policy.

15. GENERAL

15.1 Governing law: this Agreement will be governed by Dutch law and the parties submit to the exclusive jurisdiction of the Dutch Courts.

15.2 No Waiver: The failure of UnityLink to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

15.3 Modification: We may modify these Terms and Conditions from time to time without notice to you, except as may be required by law. You can review the most current version of the Terms and Conditions at any time by reviewing the website.

Safeguarding

Unity Monetary Services BV is an Authorised Payments Institution handling client funds. We must comply with the safeguarding requirements outlined under the Payment Services Directive 2 and the regulator's guidelines on Safeguarding Client Funds.

Security

We take security very seriously at UnityLink and we work hard, using state-of-the-art security measures, to make sure that your information remains secure. The UnityLink Service is a safe and convenient way to send money to friends and family and to other people that you trust.

However, we do advise you to consider very carefully before sending money to anyone that you do not know well. In particular, you should be very cautious of deals or offers that seem too good to be true – they may be scams. If you are aware of anyone or any entity that is using the Service inappropriately, please email us. Similarly, if you receive any emails, purporting to be from UnityLink, which you suspect may be "phishing" (fake) emails, please forward the email to us at online@unitylink.com.