1. About the Mobile App
1.1 Welcome to RemitBy. RemitBy is a business name of New Vision Services Pty Ltd, which is registered in Australia with ABN 33 651 476 461 ("RemitBy")is a licensed money remittance company which provides money remittance services ("the Services") on the terms and conditions set out in this document.
1.2 The Mobile App is operated by RemitBy. Access to and use of the Mobile App, or any of its associated Services, is provided by RemitBy. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Mobile App, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Mobile App, or any of Services, immediately.
1.3 RemitBy reserves the right to review and change any of the Terms by updating this page at its sole discretion without notice. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
By completing and submitting the Registration Form on the Mobile App or at the office of RemitBy, these Terms and Conditions will form part of an agreement between RemitBy and the Customer, which incorporates the following clauses:
3. Definitions:
3.1 Whenever used in these Terms and Conditions, unless inconsistent with the subject matter or context, the following words shall have the following meanings:
Customer means the person or entity who has completed a Registration Form or who is a customer of RemitBy.
Fees means the fees payable by the Customer to RemitBy for the provision of the Services to the Customer, as amended by RemitBy from time to time in accordance with clause 43.
Funds means the funds transmitted by RemitBy as part of the Services.
Law means the statutes, regulations and general law of the Commonwealth of Australia, and of New South Wales, Australia, and includes but are not limited to the Corporations Act 2001, and the anti-money laundering and counter terrorism financing legislation, as varied from time to time.
RemitBy (NVS) means RemitBy is a business name of New Vision Services Pty Ltd, which is registered in Australia with (ABN 33 651 476 461) of Suite 208 Level 2 288 Forest Road Hurstville NSW 2220.
Nominated Account means the bank account details of RemitBy, which will be provided after login by the Customer onto the Mobile App via secure one-time password when placing an Order. The Customer must contact RemitBy via telephone or at its official office address to verify the Nominated Account details and RemitBy does not take any liability for any incorrect or fraudulent transfers by the Customer.
Order means a request by the Customer for RemitBy to provide the Services to the Recipient.
Personal Information is as defined in the Privacy Act 1988 (Cth) as varied from time to time.
Recipient means the person or entity who is the intended recipient of the Funds.
Registration Form means the registration form provided by RemitBy and accessible via the Mobile App or at the offices of RemitBy, which has been completed by the Customer and provided to RemitBy.
Services means the money remittance services provided by RemitBy.
Mobile App Mobile App means the software application named "RemitBy" located at Google Play store, Apple store or any other stores providing for the software application.
"We", "us", and "our" are used interchangeability in these Terms to refer to RemitBy.
Working Hours mean Monday to Saturday, 9:00 AM to 6:00 PM (excluding public holidays in Sydney and Melbourne).
Provision of the Services:
4. RemitBy may, in its complete and unfettered discretion, refuse to provide the Services to the Customer, without the need to give a reason.
Provision of Information and Accuracy of Information:
5. By providing RemitBy with the information contained in the Registration Form, the Customer acknowledges and agrees that RemitBy can use the information contained in the Registration Form for the purposes of providing the Services. The Customer acknowledges and agrees that the purpose of the Customer requesting the provision of the Funds to the Recipient is not an illegal or criminal purpose.
6. The Customer agrees to provide true and accurate information about itself as required in the Registration Form, and agrees to promptly update any changes whenever necessary to keep the information true and accurate. If the Customer provides information that is not true or accurate, RemitBy has the right to suspend or terminate the provision of the Services to the Customer.
7. The Customer agrees to provide true and correct information about the Recipient, including but not limited the Recipient's banking details, which are necessary to effect the successful delivery of the Funds to the Recipient. RemitBy shall not be held liable or accountable for failing to perform the Services if the failure is due to the inaccuracy of any information provided by the Customer to RemitBy. RemitBy is not liable for any delays, irrecoverable amounts, loss, costs, damages, claims arising out of or in connection with the breach of the Terms by the Customer.
Compliance with Anti-Money Laundering Laws:
8. In appropriate cases all communications and information concerning the Customer held by RemitBy may be disclosed to and reviewed by law enforcement agencies and regulatory authorities.
9. The Customer agrees to comply with all applicable anti-money laundering and counter-terrorism financing Laws, including, but not limited to, the requirement to obtain or provide satisfactory evidence of the identity of any person whom the Customer may represent in any transaction entered into with RemitBy.
10. RemitBy may request that the Customer provides further information and the Customer agrees to provide the requested information for anti-money laundering security validation and verification purposes, immediately upon request. If further information is not provided by the Customer, RemitBy may, at its sole discretion, discontinue the provision of the Services to the Customer.
11. The Customer acknowledges that RemitBy is under an obligation to report all Orders to overseas Recipients to the regulatory authorities. Separate transaction reports are submitted to regulatory authorities, including if the Funds amount exceeds or is equivalent to AUD10,000 in which case, RemitBy will have further requirements from the Customer and may require further information and impose further conditions at the discretion of RemitBy.
Privacy:
12. RemitBy will collect, use and disclose the Personal Information provided by the Customer in accordance with the requirements of the Privacy Act (Cth) 1988, and with the RemitBy Privacy Policy which can be accessed via the Mobile App.
Transactions:
13. The Customer may make an Order by attending at the office of RemitBy, or over the phone during Working Hours or via the Mobile App by following the instructions provided by RemitBy on its Mobile App. The permitted ways for the Customer to make an Order will change from time to time at the absolute discretion of RemitBy. If the Customer wishes to make an Order over the phone, the Customer will be identified by RemitBy via security methods at the discretion of RemitBy and is only available for existing clients only. For new clients, they will need to attend in person at the RemitBy office or complete a Registration Form on the Mobile App and provide all required information to the satisfaction of RemitBy at its discretion. RemitBy will determine, in its sole and unfettered discretion, whether to provide or to continue to provide the Services to the Customer.
14. RemitBy may, in its sole and unfettered discretion, refuse to accept an Order the value of which exceeds any legal or compliance limits on the amount of Funds that are to be remitted as part of the Services. Using its discretion, RemitBy can refuse to accept the Order without giving any reason.
15. RemitBy may or may not, as it determines, require the Customer to provide confirmation of the Order in writing before accepting the Order.
16. The Customer acknowledges and agrees that RemitBy may also record any or all telephone conversations with the Customer and store the recordings for verification, compliance, and quality assurance purposes.
17. RemitBy may delay, block, or refuse to transfer the Funds as directed by the Customer if RemitBy believes that transferring the Funds may breach any Laws or any laws in any other country.
18. RemitBy only accepts payment from the Customer in the form of a transfer or deposit into the Nominated Account. The Services will not be provided until the Funds transferred by the Customer have been cleared by RemitBy' bank and if no funds transfer issues or queries have been raised by RemitBy' bank. RemitBy does not accept any payments from the Customer in the form of cash, including but not limited to deposits of cash made by the Customer into the Nominated Account or provision of cash directly to RemitBy.
19. In consideration for the provision of the Services, the Customer agrees to pay the Fees to RemitBy, in relation to each Order.
20. Immediately before RemitBy transfers the Funds to the Recipient in accordance with the Order, the Customer hereby authorises RemitBy to deduct the Fees from the Funds before transferring the balance of the Funds to the Recipient.
21. RemitBy may also, at its discretion, change the Fees without notice to the Customer.
22. The Customer agrees that it will be solely responsible for paying all third-party bank charges and other expenses. Third-party banks may or may not deduct their own charges and fees from the Funds and the Customer must make its own enquiries in relation to these charges and fees.
Refunds:
23. Subject to the absolute discretion of RemitBy, the Customer may request for RemitBy toprocess for a refund subject to and on the condition that:
(a) the Customer serves a written cancellation request to RemitBy via email at [email protected] and provides supporting evidence satisfactory to RemitBy that there was either a mistake in the amount transferred or the Recipient's bank account details. The Customer acknowledges that Orders are processed promptly and RemitBy may not be able to process any refund even if a written cancellation request is provided by the Customer and RemitBy is not liable for any loss, costs, damages, claims arising out of or in connection with not processing a request for refund;
(b) the Funds are not yet sent to the Recipient and the Funds are not yet received by the Recipient; and
(c) the Order has not yet been finalised or confirmed by RemitBy.
The Customer acknowledges and agrees that due to the nature of money remittance, RemitBy does not guarantee the ability to refund the Funds and any refund request by the Customer are subject to the absolute discretion of RemitBy.
If a refund is processed, the Fees shall be payable by the Customer and RemitBy reserves the right to charge further fees and charges for the refund as informed to the Customer when processing the refund.
If the Order has already been finalised, then RemitBy retains the right to deduct any Fees and charges applicable upon the request for cancellation of the Order from the Funds regardless of whether the cancellation and refund can be processed or not.
24. The Customer agrees to provide evidence and information to RemitBy of any new Recipients including their bank account details, whether or not requested by RemitBy. The Customermust be the same person who provided the information and it is the Customer's responsibility to validate the details provided.
25. The Customer agrees that it will be liable to pay any additional charges applicable upon cancellation of the Order. The Customer acknowledges that RemitBy does not guarantee the ability to refund the Funds. If RemitBy agrees to grant the Customer's request to cancel the Order and refund the Funds, the Fees and other charges and costs will be deducted by RemitBy from the Funds and the refund of the balance of the Funds will be will be processed within 14 working days for electronic transfers, and can be extended as informed by RemitBy..
26. RemitBy is not liable for any delays by third-party banks or other financial institutions in remittingthe Funds to the Recipient for any reason and RemitBy is not liable for any loss, costs, damages, claims arising out of or in connection with this clause.
Refunds:
27. RemitBy does notguarantee the exchange rate or rate for the Order on the Mobile App due to fluctuations in market rates and standards and other considerations and the Customer acknowledges and agrees that the rates will change at the time the Order is processed and will change without further notice.
28. RemitBy is not liable for any delay in the delivery of the Funds to the Recipient which is due to:
28.1 incorrect information submitted by the Customer; or
28.2 the inability of the Recipient to accept the Funds, for any reason; or
28.3 accident, flood, computer software or network failure; or
28.4 any other factors which are beyond the control of RemitBy, including but not limited to fraud and cyber-attacks.
29. If the Customer provides incorrect information about the Recipient and the Funds are deposited to an account that is not the Recipient's account, RemitBy shall not be liable for any resulting loss and shall not be required to assist the Customer to trace and recover the Funds.
30. Once the Funds are transferred to the Recipient, the transfer of the Funds is final and irrevocable. However, if RemitBy is unable to remit the Funds to the Recipient, as the Recipient cannot be located, RemitBy will refund the Funds less the Fees to the Customer.
31. RemitBy makes no warranty regarding the amount of time it may take for the Funds to be transferred to the Recipient.
32. The Customer agrees to indemnify and hold RemitBy harmless from and against any loss, damage, cost, claim, or liability (including direct, indirect and consequential losses such as loss of profits) incurred by RemitBy:
32.1 arising from or as a result of the Customer's breach of these Terms;
32.2 arising from or as a result of any error in the Registration Form or the Order and from any factors which are beyond the control of RemitBy, including but not limited to fraud and cyber attacks;
32.3 arising from or as a result of payment to a person whom RemitBy reasonably believes to be the Recipient;
32.4 arising from or as a result of the acts or omissions or negligence or default of the person the Customer has nominated as the Recipient;
32.5 arising from or as a result of RemitBy' cancellation of an Order pursuant to the Customer's instructions; or
32.6 arising from or as a result of RemitBy' cancellation of an Order in accordance with clauses 14, 15 and 17.
32.7 New Vision Service will not be liable or responsible for any failure to perform or delay in service or performance under these terms that is caused by events outside our reasonable control.
33. If RemitBy determines that contrary to statements made by the Customer, the Funds have been delivered to the Recipient, RemitBy may take legal action against the Customer.
34. RemitBy will not be liable for any loss suffered by the Customer if any Funds are transferred at the Customer's request to Recipients who are not known to the Customer.
35. RemitBy shall not be liable under any circumstances for any direct, indirect, or consequential loss (including any loss of profits) incurred as a result of a delay in the Funds reaching the Recipient's account.
36. Nothing in these Terms and Conditions is intended to limit or exclude any liability RemitBy may owe the Customer under any statutory rights the Customer may have.
Mobile App and Social Media Policy
37. The Customer consents to receiving electronic, phone, and mail communications from RemitBy upon registration on the Mobile App, and personal information including confidential data may be collected in accordance with our Privacy Policy.
38. The Mobile App can be downloaded from the Apple Store for iPhone users and on Google Play for Android users or any other mobile app stores advised by RemitBy from time to time.
39. It is the Customer's responsibility to maintain the strength of their password and to ensure that log-in details are kept confidential. We highly recommend changing passwords periodically to ensure security. Use of the Customer's password by any other person may result in the immediate cancellation of the Services.
40. The Customer acknowledges that any use of the Customer's registration information by any other person, or third parties, is strictly prohibited. The Customer agrees to immediately notify of any unauthorised use of their password or email address or any breach of security.
41. The Customer acknowledges that all activities in social media such as social networking sites (e.g. Facebook, Instagram) and professional networking services (e.g. LinkedIn) are considered public. It is the Customer's responsibility to ensure that any information posted or published through such sites do not compromise the security of the Customer's account.
Notices
42. Any notice required or permitted to be given under these terms and Conditions or for the purposes of these Terms and Conditions shall be in writing and shall:
(a) If to the Customer, be sent by email to the Customer as set out in the Registration Form or via prepaid registered mail or delivered by hand to the address of the Customer, or such other address the Customer designates in writing, or by RemitBy posting a notice on the Mobile App; and
(b) if posted on the Mobile App, the notice is deemed to have been given 1 business day after the notice was posted on the Mobile App; or
(c) if the notice was sent to the Customer, the notice is deemed to have been given on the first business day after the notice was sent if send via mail, unless sent by email or delivered by hand in which case the notice is deemed to have been given on delivery.
(d) If to RemitBy, be sent by email to [email protected] or by prepaid registered mail or delivered by hand to the address of RemitBy set out in these Terms and Conditions, and such notice is deemed to have been given 3 business days after the notice was sent via mail unless sent by email or delivered by hand in which case the notice is deemed to have been given on delivery.
43. Any notice given or made under these Terms and Conditions sent by email must comply with the following:
43.1 the notice is sent to the email address last notified by the intended recipient to the sender; and
43.2 the sender keeps an electronic or printed copy of the notice sent.
44. A notice sent by email will be deemed to have been given on the first to occur of:
44.1 receipt by the sender of an email acknowledgment from the recipient's information system showing that the notice has been delivered to the email address stated above;
44.2 the time that the notice enters an information system that is under the control of the recipient; or
44.3 the time that the notice is first opened or read by an employee or officer of the recipient.
Termination
45. These Terms and Conditions form part of anagreement between the parties which may be terminated immediately by the RemitBy by notice to the Customer. The Customer must request for RemitBy' approval if it wishes to terminate these Terms. However, termination by either party shall not affect any Order or other transaction previously entered into and shall not relieve either party of any outstanding obligations arising out of this agreement, nor shall it relieve the Customer of any obligations arising out of any Order entered into prior to such termination.
46. In the event that RemitBy is made aware of or has reason to believe any of the following:
46.1 that the Customer has provided false or misleading information to RemitBy or
46.2 that the Customer has participated or is participating or has assisted or is assisting in money laundering or terrorist financing; or
46.3 that the Customer is being officially investigated by law enforcement and/or regulatory agencies; or
46.4 that the Customer has contravened any Laws,
then RemitBy, at its sole discretion, may terminate this agreement immediately by notice to the Customer, and RemitBy hall be relieved of any obligations set out in these Terms and Conditions or arising out of the transactions contemplated by the agreement between the parties.
Amendment
47. RemitBy may make modifications, alterations, changes or variations to any term of these Terms and Conditions, by notifying the Customer in writing, including by email or by the Mobile App, of the details of the amendment or modification. Any modification or change to these Terms and Conditions will take effect immediately from the date when the Customer is notified of the modification or change. The Customer may not make any changes or modifications to these Terms and Conditions.
48. Any questions about terms and conditions can be raised via our email at [email protected]