Contract Formation and Overview
a. This User Agreement ("Agreement") is effective as of 1 December 2021 and The Agreement in its absolute discretion from time to time, but changes will only be effective from the date they are made and will not change the terms on which you previously used the Service. It describes the terms by which you will be bound you may engage access and use the website (and for the purpose of these The Agreement “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 The Agreement.
b. You do not have a standing arrangement to make Transactions; we can decide in our discretion whether or not to permit any Transaction you request. If you do not wish to be bound by the Agreement do not access, register with or use the Service. The language of these The Agreement is English, and all Services, instructions and transactions carried out in connection with it shall be in English. Do not use the Service if you do not agree to be bound by these terms. By using the Service, you are agreeing to the terms of this Agreement.
c. As used throughout this Agreement, the terms "JCI Remit", "we", "us", and "our" refer to applies to JCI Remit Pty Ltd (CAN 645 908 907) registered in the State of Queensland, Australia and their affiliates and related companies, together with its employees, directors, successors, and assignees. The terms "you" and "your" refer to users of the Service, whether as Senders or Recipients.
d. The Service was created: (a) to assist customers to send money to their family and friends, and to receive money from family and friends, from different locations; and (b)to offer businesses the ability to transfer money and receive money via several channels. However, registration for the Service does not require us to accept or process any Transaction that you request. Each Transaction we do accept will be treated as a separate instruction. For security reasons, we recommend that you only send money through the Service to people or businesses 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.
e. Nothing in the Agreement or in any other information provided by JCI Remit as part of the Service is intended to be, nor should it be construed to be, legal, financial, tax or other advice. You should consult your own professional advisers as to the effects of Australian or foreign laws which may apply to the Service.
Meaning in these The Agreement
"App" means JCI Remit's our mobile applications, websites, via email, cloud-based services, or other communication platforms for the sending Transaction Requests.
"Business Day" means Monday through Friday, except the legal public holidays on which we are open for business for the execution of Transaction Requests. (Note we may process your transactions on all days of the week but for the purpose of this Agreement, Business Day means as stated)
"Instruction" means a Transaction Request.
"Receiver" means someone who receives money through the Service.
"Payment Format" means a valid method or process of payment such as a bank account, debit card or credit card.
"Payout Amount" means the amount paid out, after any foreign exchange conversion, to the Receiver's account exclusive of the Service Fee.
"Recipient" means someone receiving the Payout Amount either as a Receiver; or someone who receives a payment through a Transaction Request.
"Registration" means the registration details of the customer as updated from time to time.
"Sender" means someone who uses the Service to send money.
"Service Fee" means JCI Remit's fee plus any additional charges or axes applicable to each Transaction, which JCI Remit may charge in its sole discretion in accordance with applicable laws, as may be described on the JCI Remit 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 JCI Remit 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 Receiver 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 Receiver through the Service.
JCI REMIT's Obligations
a. Subject to the provisions of this Agreement, we agree to provide the Service to you using reasonable care. You acknowledge that the Service may not be perfect, not available, in whole or in part, in certain places, countries, or jurisdictions or at different times.
b. JCI Remit is 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 consenting to the execution of the Transaction. We may, in our sole discretion, choose whether or not 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.
c. JCI Remit 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.
d. We may, in our absolute discretion, refuse any Transaction Request or impose limits on the Transaction Amount. We may do so for a single, multiple or all Transactions.
e. Delivery times stated on our on our website or platforms are representative for the “normal” / average service and are not a guarantee of an individual Service or Transaction time.
f. We will attempt to process a Transaction promptly, but any Transaction may be delayed or cancelled for several reasons some within our control and others outside our control. You acknowledge that you accept such delays.
User Obligations You Agree That:
a. you will not access, use or attempt to use the Service to provide any Instructions unless you have the legal capacity to form a binding legal contract under the Governing law.
b. you may pay us a Service Fee in addition to the Transaction Amount at the time that you submit your Transaction Request. The Service Fee is non-refundable unless expressly stated in these The Agreement or by the Governing law.
c. You agree to reimburse JCI Remit for any fees or charges it become liable for as a result of carrying your Transaction.
d. You will provide us with identity documents that are true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes and failure to will result in a violation of this Agreement and the Governing law.
e. You provide us with details of one or more Payment Formats.
f. You will provide us with true, accurate, current and complete information required to provide the Service and any other information which is required in relation to the Recipient.
g. You bear the responsibility to make sure all the details are accurate before submission. Once a Transaction Request has been received it is not normally possible to change any details of that Transaction Request. Check the details prior to executing the Transaction Request.
h. You agree that exchange rate applies, and rates may vary due to foreign exchange fluctuations, and this may impact the final payout amount to your beneficiary.
i. You accept that you will only use the Service to send money or perform transactions with people or businesses that you know personally and not for transactions with third parties you do not know and trust. You acknowledge that JCI Remit may refuse to process your Transaction Request where we suspect or believes the Transaction Request may be to third parties we suspect or believe may involve fraudulent, illegal, or unethical activities. If JCI Remit process the Transaction Request for any such use of the Service, You agree it is entirely at your own risk.
j. You accept that this Agreement or in any other information provided by JCI Remit as part of the Service is intended to be for delivering of the Service and should not be construed to be, legal, financial, investment or other advice.
Refuse, Suspend or Cancel
JCI Remit may at its absolute discretion refuse a Transaction at any time for any reason, and if we permit a Transaction, we may still suspend, refuse, or cancel the Transaction or the Service in part or full at any time for any reason whatsoever if it considers it necessary to do so. JCI Remit at its absolute discretion may also refuse Transaction Requests and/or suspend or cancel your Registration under this provision or for any reason whatsoever were it deems it necessary for the protection of its business and Your interest or for any breach by You of this Agreement or any other policy of JCI Remit or Governing law.
Transaction Request
a. You acknowledge that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions.
b. Cancellation of Transaction Requests. Once we have received your Transaction Request, you may not cancel it. In such circumstances you would need to contact the Sender separately and explain that you require the Transaction Request to be treated as cancelled. Please therefore ensure that your Transaction Requests are legitimate, accurate and complete.
c. Cancellation of Transaction. The cancellation of a Transaction shall be governed by, and dealt in accordance with, these The Agreement. You shall assist and co- operate with us in relation to all cancellation requests we receive from Senders after a Transaction has been initiated following your Transaction Request. You shall, upon request from us, 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 The Agreement.
Collection of Information
a. Customer Identification Program. Under Australian law, We are required 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 will 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.
b. Verification and Checks. You agree to be bound by our Privacy Policy. We will verify your residential address and personal details in order to confirm your identity. We may also pass your personal information to a credit reference agency, which may keep a record of that information. Be assured that this is done only to confirm your identity, and that we do not perform credit checks and therefore your credit rating will be unaffected. We may also need to verify the identity of a Recipient in the same way. All information provided by you will be treated securely and strictly in accordance with the Privacy Act 1988 (Cth).
c. 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 also consent to the use of such data to enable us and our authorised third parties to communicate with you, and for statutory, accounting, and legal purposes, in accordance with the terms of Our Privacy Policy. You acknowledge that you have read and consented to JCI Remit's Privacy Policy. The Privacy Policy can be found by on our website.
d. Disclosures. We may be required by law to provide information about you, your use of the Service and your Instructions to government or other institutions as described in our Privacy Policy. You acknowledge and consent to us doing this.
Intellectual Property
You acknowledge that the Service, including the content of this website, text, graphics, logos, and images, as well as all other JCI Remit copyrights, trademarks, logos, and product and service names are owned exclusively by JCI Remit.
Warranties and Liability
a. We make reasonable efforts to ensure that Transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the Service is dependent on many factors outside our control. In any event, you may have a right to a refund as expressly described herein. Where we have materially breached these Agreement causing a Sender loss, we will refund the Sender the Transaction Amount and the Service Fee.
b. 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 in any event within thirteen months after the debit date.
c. Any claim for compensation made by you must be supported by any available relevant documentation.
d. 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 Receiver or failure to perform an Instruction under the Service if you are in breach of your obligations under this Agreement.
Idemnity
To the full extent permitted by applicable law, You understand and acknowledge that you are liable for all losses incurred in respect of an unauthorised Transaction or Instruction or any other unauthorised use of the Service, where you have acted fraudulently or negligently and you agree to be responsible for and hold harmless JCI Remit, Service Providers, and their respective subsidiaries, officers, agents, partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another.
Limitation of Liability
If any loss that you suffer is not covered by a right to payment under the laws referred to in this Agreement, we will only accept liability for that loss up to a limit which is the greater of A$250, unless otherwise agreed by us in writing (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND SERVICE FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JCI REMIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF JCI REMIT, DISBURSEMENT PARTNERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES .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 by reason of our failure to perform our agreement with you under two unrelated Transactions, you might be able to claim up to a maximum of A$500.
Service Disruptions
a. We do not accept liability for any failure to perform the Service (e.g. your Transaction Instruction) as a result of circumstances which could reasonably be considered to be due to abnormal and unforeseen circumstances or outside our control or due to our obligations under any applicable laws, rules or regulations.
b. We do not accept liability for system malfunctions due to our technology downtime which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness for the provision of Transaction or Services to you.
c. We do not accept liability for any losses or delays in any Transaction Payment arising out of the use of any internet or communications service or caused by any browser or other software which is not under our control or for errors on the website or which results in the Service or Transaction Payment becoming incomplete or results in incorrect information provided by any party.
Use of the App
a. By using our Services, be bound to the Agreement, we grant you a non-transferable, non-exclusive licence to use our platform, in accordance with this Agreement, our Privacy Policy and any relevant laws as may be amended from time to time. We reserve all other rights.
b. You acknowledge that the Services has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the Services meet your requirements.
c. We may refuse any Transaction or limit the amount to be transferred, either on a per transaction or aggregated basis. These limits may be imposed on individual accounts or linked accounts. We reserve the right at any time to modify or discontinue all or any part of the Service.
d. Delays. Your Transaction may be delayed by our effort to verify your identity and validate your Payment Formats and otherwise comply with laws or manage our financial risk. You may be entitled to a refund in certain circumstances, and you may cancel your transaction at any time while it is pending.
e. Commercial Transactions. You should not use the Service to send money except to people that you know. We are not responsible for, the quality or delivery of goods or services that you pay for using the Service. You accept that using the Service to pay for goods and services is at your own risk.
f. Unauthorized Transactions. You may not use the Service in violation of this Agreement or applicable laws, rules or regulations. It is a violation of the Agreement to use the Service for any of the following: sexually-oriented materials or services, gambling activities , fraud, money-laundering, the funding of terrorist organizations, or the purchase or sale of tobacco, tobacco related paraphernalia, firearms, prescription drugs, or other controlled substances; or to send money to a Recipient that has violated the Agreement. If you use the Service in connection with illegal conduct, JCI Remit will report you to law enforcement.
g. Ineligibility. Your Payment Format must be issued by a financial institution that has the legal approval to operate within the Laws. We may refuse Transactions that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other lists as issued by different government agencies.
h. No Changes. We generally do not let you change the details of your Transaction once it's submitted to us for processing. It is your responsibility to make sure your Transaction details are accurate.
i. Restricted Activities. In connection with your use of our website or the Service, or in the course of your interactions with JCI Remit, a user or a third party, you will not: 1. Breach this Agreement, or any other agreement between you and JCI Remit; 2. Provide false, inaccurate, or misleading information. 3. Refuse to cooperate in an investigation or provide confirmation of your identity; 4. Use an anonymizing proxy; 5.Provide yourself a cash advance from your credit card (or help others to do so); 6. Use any automatic device, or manual process to monitor or copy our website.
Refunds
You can cancel your transaction at any time prior to its completion. Completion means that your recipient claimed the money you sent either through cash pick-up, or bank account deposit. Upon receipt of a cancellation request, we may confirm with our Service Providers to determine whether the transaction has been completed prior to initiating a refund.
The Transaction Amount will not be refunded after completion. If, however, you are not satisfied with our service for any reason we will always refund the fee amount. All refunds will be credited to the same Payment Format used to pay for the Transaction. Refunds are only made in the currency used and will not be adjusted to account for changes in the value currency from the time your Transaction was submitted.
Compliants
a. If you wish to make a complaint about a Transaction or Service, please send your complaint in writing via email:contact@jciremit.com
b. We will acknowledge receipt of your complaint within 3 Business Days. We will investigate your complaint and come back to you with the results of our investigation no later than 14 Business Days after the receipt of our acknowledgement of your complaint.
General
Governing law: This Agreement shall be governed according to the laws of the State of Queensland, and all activities performed in connection with the Service shall be deemed to have been performed in Brisbane, Queensland. Any controversy, dispute, or claim arising out of or relating to the Service or Agreement (a "Claim") shall be governed by and construed in accordance with the laws of Queensland.
Misellaneous
Third party websites links and content. Any external links to third-party websites or third party content on our website are provided as a convenience to you and does not imply JCI Remit's endorsement of the third-party website or content. These sites are not controlled by us in any way and we are not responsible for the accuracy, completeness, legality or any other aspect of these other sites including any content provided on them. You access such websites at your own risk.
Entire Agreement. The Agreement constitutes the entire agreement between you and JCI Remit and governs your use of the Service, superseding any prior agreements between you and JCI Remit.
No Waiver. The failure of JCI Remit to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the Agreement as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect.
Force Majeure. We shall not be liable for any failure or delay in the performance of the Service to the extent such failure or delay is caused by matters beyond our reasonable control, including, without limitation: changes in applicable laws; closure or unavailability of required physical and network infrastructure; sovereign default; power or internet failure; civil unrest; war; and earthquake, fire, flood, or other natural disasters.
Modification. We may modify this Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of the Agreement at any time by reviewing this website. 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 this Agreement and acknowledge that any attempts by you to modify this Agreement shall be void.
Other Terms. This Agreement may be supplemented by terms applicable to other promotions, our Referral Program, and other terms applicable to you based upon your use of the Service. These terms are incorporated into this Agreement by reference. To the extent that any of these terms are determined to be in conflict with this Agreement, this Agreement shall control.
Security. JCI Remit will keep your Personal Information secure by taking reasonable steps to protect it from misuse, loss, and unauthorised access, use, modification, and disclosure. We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration. We also review our security procedures periodically to consider appropriate new technology and updated methods. Only properly authorised people who have a need to access Personal Information to perform their job will be able to see or use that information. Even so, despite our reasonable efforts, no security measure is ever perfect or impenetrable.
Contact Information. Questions, notices, and requests for refunds or further information should be sent to JCI Remit, as follows: Email: contact@jciremit.com, WhatsApp: +61431919688