These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the website (“Website”), “First E Cash” mobile application (“Mobile Application”), and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you”, or “your”) and this Platform Operator and Developer (“Operator”, “we”, “us”, or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to include those entities in this agreement, in which case the terms “User”, “you”, or “your” shall refer to such entity. If you do not have such authority or do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be regulated by the terms of this Agreement. You acknowledge and approve that this Agreement is a contract between you and the Operator, even if it is electronic and is not physically signed by you, and it monitors and governs your use of the Services.
For you to use the Services, you must be at least 18 years old. You guarantee and signify that you are at least 18 years old by using the Services and by consenting to this Agreement. If you create an account on the Services, you are in charge of keeping it secure and are entirely liable for all activities that take place under it as well as any other decisions made in connection with it. Before you sign in and begin using the Services, we might monitor and review new accounts. Your account may be terminated if you provide fraudulent contact information of any type. Any unauthorized access to your account or security breaches must be reported right away to us.
If we find that you have broken any of the terms of this Agreement or that your actions or contents are likely to harm our reputation and goodwill, we may terminate, disable, or delete your account. We won't be held responsible for your actions, nor will we be liable for any damages of any type brought by them. You cannot sign up for our Services again if we delete your account for the above-mentioned reasons. To prevent additional registration, we could block your email address and IP address.
Only those Remittances designated on the Application from time to time and sent to a Beneficiary situated in a nation where First E Cash offers payment service are permitted to be sent using the Application. The Remittance will be processed by First E Cash and First E Cash-designated service providers, and the Beneficiary will be able to receive the funds as outlined below. You and First E Cash do not enter into or establish a fiduciary or bond capacity as a result of your use of the Application or the Service. Only a remittance service is offered by First E Cash; it does not hold any of the money you instruct it to transfer to your beneficiary as a deposit or in bond, nor is it acting as a fiduciary to hold or process your remittance. The only commitment First E Cash has is to return the Remittance's principal to you or pay your Remittance to your Beneficiary.
Although the Service is typically accessible to you and your Beneficiary around-the-clock, there may be times when it isn't. Periods of unavailability may be brought on by First E Cash's actions (such as brief times when the Service is taken offline to make upgrades or improvements) or by circumstances beyond First E Cash's control, such as telecommunications problems, power outages, war, or civil unrest, natural disasters, or other acts of God. First E Cash may occasionally impose restrictions on the number of remittances you can send (both one at a time and over some time) and that any beneficiary can receive.
To ensure that your remittance complies with all applicable laws, regulations, and First E Cash policies, First E Cash may choose to postpone paying your remittance. Any remittance that First E Cash determines in its sole discretion may violate applicable law, regulation, or our policies, including those intended to help detect and prevent money laundering, terrorist financing, fraud, and other abuses of financial services, may be refused to accept or paid by First E Cash without prior notice to you. If we accept a remittance and later determine that it may violate any such law, regulation, or policy, we may hold the remittance in escrow.
You must not pay for goods or services from third parties you do not personally know and trust using the Service; rather, you may only use the Service to remit money to people you know. Please be aware that if you decide to use the Service to pay for goods and services from third parties, you do so at your own risk and that First E Cash has no control over and is not accountable for the caliber, legality, or delivery of any such third-party goods or services.
"Intellectual Property Rights" refers to all current and future rights granted by legislation, common law, or equity in or relating to any copyright and related rights, trademarks, designs, patents, inventions, goodwill, and the right to sue for passing-off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority, and other similar rights.
This Agreement does not transfer any intellectual property owned by the Operator or third parties to you. All rights, titles, and interests in the property only remain with the Operator. The Operator and licensors own all trademarks, service marks, graphics, and logos used in connection with the Services. Other third-party trademarks, service marks, graphics, and logos used in connection with the Services may be of others. You have no right or license to reproduce or use any of the Operator's or third-party trademarks while using the Services.
You are forbidden from using the Services or Content in the following ways, in addition to other restrictions outlined in the Agreement:
To the greatest extent permitted by applicable law, the Operator, its affiliates, directors, officers, employees, agents, suppliers, or licensors will not be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity). Whatever the cause, under any theory of liability, including, but not limited to, contract, tort, warranty, breach of statutory duty, negligence, or otherwise, even if the liable party was advised of the possibility of such damages or could have foreseen such damages.
To the greatest extent permitted by applicable law, the Operator's and its affiliates', officers', employees', agents', suppliers', and licensors' aggregate liability relating to the services will be limited to any amount paid in cash by you to the Operator in a month preceding the first event or occurrence giving rise to such liability. The limitations and exclusions apply if this remedy does not fully compensate you for any losses or fails to fulfill its essential purpose.
Although the Services may contain links to other resources (such as websites and mobile applications), we do not, directly or indirectly, imply any endorsement of, sponsorship of, or affiliation with any such resource, unless expressly stated in this document. The Services may contain "affiliate links" in some places. The Operator will get an affiliate commission if you click on the link and buy something. The offerings of any businesses or people, as well as the information found in their resources, are not subject to our examination, evaluation, or warranty. We disclaim all liability and responsibility for any other third parties conduct, goods, services, and information.
Any resource you access through a link on the Services should have legal disclaimers and other usage terms that you should carefully review. Any other off-site links that you create are at your own risk.
You must use the Application to instruct First E Cash to withdraw the principal amount of the Remittance from your Payment Account along with any applicable charges to use the Service; by requesting a Remittance, you authorize First E Cash to debit your Payment Account for the requested Remittance's principal amount as well as any applicable charges. You agree that if First E Cash is unable for any reason to obtain authorization or settlement of the funds from your Payment Account for the principal amount of the requested Remittance and all applicable charges, First E Cash is under no obligation to process or complete a requested Remittance.
Before you start a Remittance, First E Cash will inform you of the fees it will charge for providing the Service. The principal amount of your remittance, the kind of payment account you use, your location, and the beneficiary's location are just a few examples of the variables that may affect First E Cash's fees from time to time.
After First E Cash has processed your remittance request, you are still liable to First E Cash for the principal sum of the remittance and all related charges if the charge to your Payment Account is returned, charged back, or canceled for any reason. You agree to pay these sums to First E Cash as well as any applicable additional service fees and/or non-sufficient funds (NSF) fees in the amount of USD upon First E Cash's demand. You permit us to debit your Payment Account for any of the above-mentioned sums.
When you use a debit card to make a remittance, you might be charged fees (such as a cash advance fee) under the terms of your agreement with the bank or other financial institution that issued the card. Review your card agreement for information on possible fees of this nature. Although First E Cash will pay your Beneficiary the entire principal amount of your Remittance in the currency First E Cash specifies to you when you initiate your Remittance, your Beneficiary may be subject to maintenance or withdrawal costs, fees, or charges from their bank, mobile provider, E-Wallet issuer, or other parties. Additionally, the terms of your Beneficiary's E-Wallet issuer may place restrictions on how your Beneficiary can use or withdraw the funds you send.
The Remittance will be paid to your Beneficiary through arrangements made by First E Cash and/or First E Cash-designated service providers. First E Cash retains the right to decide how to pay the Beneficiary. Although First E Cash and/or First E Cash designated service providers will make a good faith effort to provide payment in the requested form, the First E Cash Application is not required to offer payment options for a particular Payment. Payment may be made using money (cash), a credit to a mobile wallet, a check, an e-wallet, a credit to a bank account or credit card account, another payment instrument, or some other method, depending on the circumstance and the availability of different payment options.
The funds from your Remittance Payment may be returned to you, at First E Cash's discretion, by check or credit to your Payment Account if a Beneficiary cannot be located and identified. For a Beneficiary receiving a Remittance, First E Cash reserves the right to impose identification and verification requirements. If you or a beneficiary provide First E Cash with identification information or documentation, including any code or identifier number of the remittance, First E Cash may rely on that information or documentation without conducting further research to pay the beneficiary. If First E Cash is unable to confirm the Beneficiary's identity or if First E Cash suspects that you or your Beneficiary may violate this Agreement or any applicable law, rule, or First E Cash policy, First E Cash has the right to refuse to pay the Beneficiary. Although First E Cash has the right to set up identification and verification requirements, and the Beneficiary's noncompliance with those requirements is a justification for not paying the Remittance, First E Cash is under no obligation to do so.
Beneficiaries typically receive payments in their home country's currency. You may ask that your remittance be paid in a different currency from the one approved and made available by First E Cash at any time, provided that doing so is permitted by the Application and any applicable laws. If a currency conversion is necessary, First E Cash and/or First E Cash-designated service providers will convert the currency in which you initiate your remittance into the local currency at the prevailing remittance exchange rate set by First E Cash at the time your remittance is initiated. Before you approve the Remittance, First E Cash will make the exchange rate known to you.
The principal value of your remittance and other factors, as well as First E Cash's fluctuating exchange rates, may cause these differences. In addition to the fees associated with your Remittance, First E Cash gains profit when your currency is changed into the one used to pay for your Remittance.
The Application is not meant to be used by anyone in any country or jurisdiction where doing so would be against the law. You are specifically prohibited from using the Service for any Remittance that is (a) motivated by or involving the proceeds of crime, fraud, or other improper activity; (b) exceeding First E Cash's transaction limits (whether in amount, frequency, or otherwise); (c) sent for gambling, including placing bets or paying winnings; (d) intended to be used as an escrow or similar capacity for delayed payment; or (e) that First E Cash determines is suspicious or may be in violation of applicable law or regulation.
You agree to only request Remittances that comply with this Agreement, applicable country laws, and applicable laws in the Beneficiary's country. The Application may only be used to send Remittances on your behalf. You are not permitted to resell the Application or use it to make Remittances on behalf of or as an agent for another person. You will provide any information and/or documentation requested by First E Cash from time to time for First E Cash to comply with any applicable laws, including anti-money laundering laws. First E Cash reserves the right to refuse payment of any Remittance that, in First E Cash's sole discretion, does not comply with applicable law, First E Cash policy, or the terms of this Agreement.
First E Cash reserves the right, without cause or prior notice to you, to reject your request for a Remittance, decline to complete a Remittance request, or impose a value or frequency limitation on your use of the Service. Without limiting the foregoing, First E Cash may suspend, delay, or reject your Remittance Payment request if any of the following conditions exist:
If First E Cash declines your request for a Remittance for any reason, you will be notified via SMS/text message, email, or any other practical means of notice. In general, if First E Cash declines or rejects your request for a remittance, it will return the principal amount of your remittance to your payment account if it has already been withdrawn. There may be instances, though, where the law requires First E Cash to hold your remittance or pay it to another party (including a government agency). If that occurs, First E Cash will let you know if we are allowed to by the relevant laws.
The formation, interpretation, and performance of this Agreement, as well as any disputes arising from it or revolving around it, shall be governed by the substantive and procedural laws of the United States without regard to its rules on conflicts or choice of law, and, to the extent applicable, the laws of the United States. The courts in the US will have exclusive jurisdiction and venue for actions relating to the subject matter of this agreement, and you hereby submit to the personal jurisdiction of such courts. You hereby abandon any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
All disputes involving remittances from Canada shall be settled through arbitration at the Canadian Arbitration Association under the standard rules of the Canadian Arbitration Association for Arbitration. Any Party has the right to give notice that it wants to submit a dispute to arbitration. The most populous city in the province where the remittance was sent will serve as the site of the arbitration. The applicable provincial Arbitration Act's rules will govern how the arbitration is conducted. Where permitted, neither party shall be entitled to join any class of claimants concerning any claim, and any arbitration between First E Cash and you shall not include any claims of third parties. There is no right of appeal from the arbitrator(s) which is final and binding. Any court with jurisdiction may enter judgment based on the arbitrator(s) decision. Each side will cover the costs of its legal counsel, experts, and witnesses. Each party shall bear an equal share of the arbitrator(s)' fees.
If you are sending money from the United States, this Agreement will be governed by U.S. federal law and, where it is not inconsistent with or superseded by such federal law, the laws of the State of New York, as applicable, without considering principles of conflict of laws.
If you are sending money from Canada, First E Cash Canada Inc. is the provider of this service, which is governed by Canadian law without regard to any potential conflicts of laws. According to provincial law, you might also have other rights. You might have additional rights if you are sending money from another nation under its legal system.
Every restriction and right outlined in this Agreement is only applicable and enforceable to the extent that it complies with all applicable laws and is intended to be as limited as is necessary to prevent this Agreement from becoming void, illegal, or otherwise unenforceable. The parties intend that the remaining provisions or portions thereof constitute their agreement regarding the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect, even if any provision or portion of any provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable.
We reserve the right, in our sole discretion, to change this Policy or its terms about the Services at any time. We'll email you to let you know when we do so. At our discretion, we may also notify you in other ways, such as through the contact details you have provided.
Except as otherwise provided, a revised version of this Agreement will take effect right away after it is posted. After the revised Agreement's effective date (or any other action specified at that time), if you continue to use the Services, it is considered that you have accepted the changes.
You consent to defend, hold harmless, and indemnify the Operator, its affiliates, directors, officers, employees, agents, suppliers, and licensors from and against any liabilities, losses, damages, or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands made against any of them due to or relating to your Content, your use of the Services, or any willful misconduct on your part.
Contact us at help@abc.com for error correction, transaction cancellation, questions, complaints, or a written explanation of your rights.Your remittance is typically not cancellable or refundable because First E Cash credits remittances to beneficiaries immediately. If you think you sent a Remittance inadvertently, you must email us at help@abc.com or give us a call at within 20-30 minutes of initiating it, and we will make an effort to retrieve it. Within three 3 business days, we will refund your Remittance to you (including all fees, if any), if it hasn't yet been credited to your Beneficiary's account. Although we will use reasonable efforts to reverse or retrieve a remittance that has already been credited to your beneficiary's account, we might not be able to.
We will make prompt, reasonable efforts to recover the amount of your remittance if you notify us that the account number, phone number, Beneficiary name, or other information you provided to us when you initiated your remittance was incorrect. Still, we might not be able to do so if your remittance has already been paid or credited after the information you provided. You are entitled to challenge transactional mistakes. This service is provided at no cost. If you discover a mistake, please let us know at help@abc.com within 180 days of sending your remittance. Please include your name, contact information, the Beneficiary's name, the transfer date, and the reason you think there was a mistake. Within 90 days, First E Cash will investigate the claim and determine whether an error took place. After the investigation is finished, we will let you know the findings within 3 business days. Any documents we used in our investigation can be requested in copies. If First E Cash is at fault, we will issue a full refund, including any applicable fees, within one business day or as soon as is practically possible.
All refunds (whether resulting from a canceled or disputed Remittance) will be paid by First E Cash either by credit to your Payment Account or by cheque at First E Cash's discretion. You can also have First E Cash process the remittance again for no extra charge. If, however, First E Cash has not charged your Payment Account but has placed an authorization hold on the funds at your bank for the amount to be charged by First E Cash, First E Cash will cancel the transaction and request that the authorization hold at your bank is released. This process may take several days, depending on the relationship between your bank and our payment processor, which we have no control over.
Except for the obligation to investigate and refund described above, First E Cash is not liable to you for any loss caused by First E Cash's inability to cancel or refund a Remittance. The following paragraph applies only to transactions sent from California to a foreign country:
"RIGHT TO REFUND. If First E Cash does not forward the money received from you within ten (10) days of the date of receipt, or if it does not give instructions committing an equivalent amount of money to the person designated by you within ten (10) days of the date of receipt of the funds from you, unless otherwise instructed by you, you, the customer, are entitled to a refund of the money to be transmitted as a result of this agreement. You have the right to a refund of your money if your instructions regarding when the money should be forwarded or transmitted are not followed and the money has not yet been forwarded or transmitted. You must submit a written request for a refund to help@abc.com. According to Section 1810.5 of the California Financial Code, you may be entitled to your money back as well as a penalty of up to USD 1,000 and attorneys' fees if you don't get your refund."
Be careful when entering information about your Beneficiary; ensure that their name is spelled correctly, that it is given to us in full, and that you have given us their correct phone number. You hereby represent and warrant to us that all information, including but not limited to information about you, your Payment Account, and your Beneficiary, which you enter into the Application or otherwise provide to First E Cash, is true and accurate.
First E-Cash may rely on the registration information, remittance information, and beneficiary information you provide when processing a remittance payment. You agree that it is your responsibility for any inaccuracies in the information you provide, including any misidentification of Beneficiary(s), incorrect or inconsistent account names and numbers, or misspellings.
You agree to receive and accept all notices relating to the Application and Service via electronic (SMS-text message or email) communications to use the Application. This consent extends to this Agreement, any amendments to this Agreement, and all notices regarding the Application and Service. If any modification to this Agreement necessitates prior notice to you, First E Cash will do so by sending you an email to the address you provided when registering for the Application or by sending you an SMS-text message to the phone number you provided. Alternatively, First E Cash may include a link in the SMS-text message or email notifying you of the modification so you can view the revised or amended Agreement. A record of each of your remittances will be made electronically available to you by First E Cash on the application. You need an Android phone, an iPhone, or any other device that First E Cash has approved to use the Application. You acknowledge that if you decide to stop receiving electronic communications, First E Cash may stop letting you use the Application and Service.
The entire agreement between you and First E Cash concerning the Application and the Service are outlined in this Agreement and all documents that are incorporated into it by reference. It supersedes all prior understandings and cannot be changed orally. If you use the Application after being informed of any changes, you will be deemed to have accepted any modifications, supplements, changes, or amendments made by First E Cash to this Agreement. The provision of the Service may be made by XYZ Inc. and any of its subsidiaries and affiliates, as well as the banks, phone service providers, and other parties we have hired to help us. Without notifying you and without your permission, we may assign this Agreement or transfer our obligations under it in whole or in part. The remainder of this Agreement's provisions will still be enforceable even if some of it is found to be invalid.
You acknowledge that you have read and agree to the terms and conditions of this Agreement. By using the Services and accessing them, you agree to be bound by this Agreement. You are not authorized to access or use the Services if you do not agree to the terms of this Agreement. First E Cash assisted in the creation of this terms and conditions policy.
*First E Cash's privacy policies are subject to change in the future. If this occurs, we will post the revised version on our website, https://www.abc.com/privacy.html, and send it to current users via the email addresses associated with their First E Cash App registrations.
This Remittance Service Agreement ("Agreement") explains the terms and conditions under which First E Cash will provide you with the Remittance and other related services. Read all the terms and conditions carefully, as these affect your rights. By accessing and using our services, you acknowledge that you have read, understood, and agreed with the terms and conditions of this agreement with ABC. Even if you do not physically sign the agreement, you acknowledge and accept that this agreement is an electronic and legal contract between you and ABC. It monitors and governs your use of our services.
"User," "you," and "your" refer to the person who downloads the ABC Application and uses our services.
"First E-Cash", "we", "us", and "our" refer to First E-Cash, authorized as a payment institution.
"Application", "app", or "mobile application" refers to the technology provided by ABC to you on your mobile phone or other electronic devices through which you can access and use our service.
"Beneficiary" refers to the person to whom you send or transfer the money.
"Remittance" refers to the money you request and authorize us to process through our Application and pay to your Beneficiary.
"Payment Account" refers to the bank account or credit, debit, or prepaid card account you provide us to charge for payment for your use of the ABC App. The user must hold their payment account in their name at a financial institution acceptable to ABC.
"E-wallet" refers to the account in which your Beneficiary will receive the money sent by you.
If you are entering into this agreement on behalf of a business or any other legal entity, you represent that you have the authority to include those entities in this agreement. In this case, the terms "user", "you", or "your" shall refer to such authorized entity. Only accept these agreements if you have such authority.
To use the ABC application, the user should be at least 18 years old and a resident of a member state of the European Union or another origination country approved by ABC. You should have a payment account in your name and be registered with ABC. Using our services and acknowledging this agreement guarantees and signifies that you are at least 18 years old. If you are creating an account on our platform, you are in charge of keeping it secure. You are liable for all activities that take place on this platform and other decisions made in connection with it.
ABC might monitor and review your new account before you sign in and start using our services. If any contact information provided by you seems fraudulent or inaccurate, your account may be terminated. If you detect any unauthorized access to your account or security violation, you must report it right away to ABC.
If we find out that you have broken any terms and conditions mentioned in this agreement or that your action or contents are likely to harm our reputation and goodwill, ABC has all rights to terminate, disable, or delete your account. We are not responsible for your actions or liable for any damages caused by them. If we delete your account for the above-mentioned reasons, you are restricted from signing up for our application again. ABC can block your Email ID and IP address to prevent further registration.
As designated on the Application from time to time, you may use our Application only to send a Remittance to your beneficiary located in a country where we provide the payment services. The ABC and ABC-designated service providers will process your Remittance and make funds available for receipt by your Beneficiary, as mentioned below.
Using ABC Application or services does not represent or create a fiduciary bond between you and ABC. We only provide a remittance service; the money you direct ABC to transfer to your Beneficiary is not held or processed by ABC as a deposit or in bond as a fiduciary. We are only responsible for paying your Remittance to your Beneficiary or returning the Remittance to you.
Generally, our services are available every day and every hour of the year. However, it may happen that sometimes the services are unavailable for the user or their Beneficiary. It can be caused by ABC's own acts, such as temporarily taking the service offline to update and improve the services, or events that are not in our control, such as power outages, wars or civil unrest, telecommunication failures, natural disasters, or other acts of God.
ABC may set limits from time to time on the value of remittances that you may send and the value of Remittances your Beneficiary may receive. We can delay payment of your Remittance to ensure that your Remittance obeys the applicable law of the country, regulations, and our policies. If we determine the Remittance violates the applicable law, regulation, or our policies intended to identify and prevent money laundering, terrorist financing, fraud, and other abuses of financial services, we have the right to deny accepting or paying any Remittance without prior notice to you. In case ABC accepts the Remittance and then finds out that it may violate any applicable law, regulation, or policy, we have the right to hold the Remittance until the matter settles down.
You should only use the services to send a Remittance to people you know personally and not pay for goods or services to unknown third parties. If you pay the funds to any third parties for goods and services using ABC services, we have no control over it. We are not responsible for the safety, legality, quality, or delivery of these types of third-party goods or services. Any such use of our services is entirely at your own risk.
To use services provided by us, you must use the Application to direct ABC to withdraw the principal amount of the Remittance from your payment account along with any applicable charges. By requesting a Remittance, you give us the authority to charge your payment account for the principal amount of the requested Remittance with applicable fees and charges (if any). You acknowledge that ABC has no obligation to process or complete your requested Remittance if ABC cannot obtain authorization or settlement of the payment from the user's payment account. We will charge your payment account after your Beneficiary is paid. This method of processing the Remittance ensures no risk of loss to the user. However, the Remittance payment process can change at our sole discretion after properly notifying you about the changes in the process.
Before starting the Remittance payment process, we will promptly reveal our fees and applicable charges to you for providing the services. These fees and charges are also subject to change from time to time. The changes in the fees and charges may depend on various factors, such as the principal amount of the Remittance, the type of payment account, the user's location, and the location of the Beneficiary. Apart from that, we will also disclose the applicable current foreign exchange rate (the rate at which the payment amount will be converted into the currency to be paid to the Beneficiary) before you send the funds to your Beneficiary.
If the charge to the payment account is returned, cancelled, or charged back for any reason after the Remittance request is processed, you are responsible for paying for the principal amount of the Remittance and other associated fees and charges. You agree to pay such amounts, an additional service fee, and/or non-sufficient funds (NSF) fees of USD to ABC immediately. You authorize us to debit your payment account for the amount of any of the above-stated amounts.
When you send a Remittance to your Beneficiary, your bank or financial institution where you maintain your payment account may charge you one or more fees, such as cash advance fees. You should review your payment account agreement to learn about such potential fees. ABC pays the entire principal amount of the Remittance to the Beneficiary in the currency that is specified during the initialization of the remittance process. However, your Beneficiary may incur costs or fees from their bank, mobile company, e-wallet issuer, or other parties to maintain or withdraw the received amount. ABC does not set, control, or receive such costs and fees. The terms of your Beneficiary’s e-wallet issuer may limit their ability to use or withdraw the fund.
Users are advised to be careful when entering information about their Beneficiary. Avoid spelling mistakes in the Beneficiary's full name and verify that you have provided us with the Beneficiary's correct phone number. You represent and guarantee that all the information you enter into our Application and provide to ABC is accurate and complete. You guarantee that all the information about you, your payment account, and your Beneficiary is correct and complete. While processing a Remittance, ABC relies on the registration and Remittance information provided by you. You agree that any mistakes in any type of information you provide, including the misidentification of your Beneficiary, incorrect names, account numbers, and so on, are your responsibility.
ABC Application is available every hour, every week, and every day of the year. Generally, your Beneficiary is paid without any delay in our services. You may be unable to change or stop the Remittance once it begins. Most of the transactions are made available to your Beneficiary within minutes. In case of delays due to any reason, to keep you informed, ABC will use its reasonable efforts to contact you as soon as possible.
The payment of Remittance is arranged by us and/or our designated service providers or agents. ABC has the right to select the form of payment for your Beneficiary. Our agents or service providers will try their best to process the payment in the requested form. However, we are not obligated to provide a payment option for specific Remittances. Payment will be made using a credit to an e-wallet, cash, check, stored value card, credit to a bank account or credit card account, or some other payment instrument, depending on the current situation and availability of payment options. We have the right to change the payment method, as not all payment options are available in all countries. The ABC may return the Remittance to you by credit to your payment account or check if the Beneficiary cannot be located and identified.
We have the right to establish identification and verification requirements for the successful payment transfer to the Beneficiary. The ABC relies on the information and documentation submitted by you and your Beneficiary, including any code or identifier number of the Remittance for identification and verification while paying the amount. If we cannot verify the identity of the Beneficiary or we suspect that you or your Beneficiary are violating this agreement or any applicable law, regulation, or our policies, ABC has the right to decline to pay your Beneficiary. We can set up identification and verification procedures, and the Beneficiary's noncompliance with such requirements is a justification for not paying the Remittance. However, we are under no obligation to do so.
Payments to beneficiaries are generally made in the currency of their own country. You may ask ABC to pay your Remittance in a different currency approved and made available by ABC from time to time if permitted to do so by applicable law and the ABC Application.
If you require currency conversion, ABC or our service providers will convert the currency in which you initiate your Remittance into the local currency at the remittance exchange rate set by ABC when your Remittance is initiated. We will disclose the exchange rate to you before you authorize the Remittance. This exchange rate varies from time to time and may differ based on the principal amount of your Remittance and other factors. In addition to the fees and applicable charges, ABC makes money when your currency is converted into another currency in which your Remittance is paid.
ABC Application is not intended for use by a person in any authority or country where such use is against the applicable law and regulation. Specifically and without any limitations, you are not permitted to use the Service for any Remittance in the following cases:
ABC determines the Remittance to be a suspicious transaction or may violate the applicable law or regulation, including the one that intends to detect and prevent terrorist financing, money laundering, fraud, human trafficking, or enforce currency or exchange rate controls.
You agree that you are allowed to request a Remittance that complies with this Agreement, the applicable origination country's law, and the applicable law in your Beneficiary's country. You may only use the Application or services to send the Remittance on your behalf. You cannot resell the Application or use the Application to send Remittance on behalf of or as an agent for another person or entity. You acknowledge providing the required information and/or documentation to ABC from time to time as per our request to comply with any updated and applicable law, including anti-money laundering laws. We can deny the payment of any Remittance that we determine does not comply with applicable law, our policy, or the terms of this agreement.
We have the right to reject your Remittance request, decline to complete your Remittance request, or impose a value or frequency limitation on your service use without any cause or prior notice to you. Without limiting the preceding, ABC can suspend, delay, or reject your request for Remittance if:
We will notify you by SMS, electronic mail, or any other reasonable means of notice in case your Remittance request is declined for any reason.
Generally, if the Remittance request is declined or rejected for any reason, ABC refunds the principal amount and any associated fees paid by the user into their payment account if those funds have already been withdrawn.
However, there may be circumstances in which we are compelled by law to hold your Remittance or to pay it to another party (including a government agency). In that case, ABC will inform you if we are allowed to do so by the applicable laws.
ABC is not responsible for any delay, Execution failure, or error in the Remittance request process due to circumstances that are not in ABC’s control. These circumstances may include strikes, power failures, war, riots, equipment malfunctions, orders by the government or court, work stoppages, or similar circumstances, or wrong or incomplete information provided by the user. You acknowledge that we can deny executing or delaying processing the request if it violates any rule or regulation of any government authority, guideline, policy, or funds transfer system.
Except for ABC’s own fraud and gross negligence, ABC is not liable for damages, whether caused by the negligence of our employees, contractors, agents, or other people, beyond the sum of , in addition to refunding the principal amount of the request and any other fees and charges the user may have paid ABC to send it. You may also be entitled to pay your attorney's fees and other costs for pursuing the dispute.
Despite the paragraph mentioned above, you may contact ABC before you send your Remittance to request our written agreement to a higher limit on liability for a Remittance, which we may provide at our exclusive and absolute discretion. ABC might charge you for any such higher limit on liability.
ABC is not liable for any incidental, indirect, special, punitive, consequential, or similar damages under any circumstances.
Our Applications and services are provided to the user on an "as is" and "as available" basis. ABC does not give any warranty, expressed or implied, concerning the Application or services. ABC does not provide any warranty on the functionality or accuracy of the Application, appropriateness or completeness of any information or related proceedings. ABC expressly disclaims liability for the non-functionality of our Application or services or for errors or mistakes in any information. No implied, expressed, or statutory warranty of any kind is given in connection with the Application or the service, including but not limited to the warranties of title, third-party rights infringement, fitness for a particular purpose, merchantability, and free from computer viruses.
For any transaction cancellation, error resolution, queries, complaints, or a written explanation of user rights, you can contact us at
We transfer the Remittances to the Beneficiary immediately upon request. Therefore, the Remittance is not generally cancellable or refundable. If you believe that you have sent a Remittance by mistake, you must contact us at or by calling us on within 30 minutes after the process initialization. ABC will refund the Remittance, including all fees (if any), within three business days if your Remittance has yet to be credited into your Beneficiary's account. ABC will make reasonable efforts to reverse or retrieve your Remittance, but we may not be able to do so if the Remittance has already been credited to the Beneficiary’s account.
If you inform us that the account number, contact information, Beneficiary's name, or any other information that you provided to us when you initiated the Remittance process was not correct, we will use reasonable efforts to recover your principal amount, but we may not be able to do so if your Remittance has already been credited in accordance with the information provided by you.
The user has the right to challenge transactional errors. This service is provided without any extra charges. If you believe a mistake has been made, you must notify us immediately at and in any case, within 13 months of the transaction's execution. Please include your name, contact information, the Beneficiary's name, the date of your transfer, and the specifics of the mistake you think has occurred while writing to us. We will investigate the matter, check to see if an error has occurred, and reply to you within 15 business days regarding your complaint. In exceptional cases, we will send you a holding reply within 15 days with the deadline by which you will receive a final response regarding your complaint, which will be no longer than 35 business days from the date of your complaint. After the investigation is completed, we will inform you of the result within three business days. You have the right to ask for copies of documents used in the investigation. If we are responsible for the error that occurred in your Remittance, we will refund the total principal amount you paid, including other fees and charges (if any).
Suppose ABC charged your payment account for a Remittance you did not authorize. In that case, we will refund the total amount of your Remittance promptly and at the latest by the end of the business day after the day on which we were notified by you or became aware of the unauthorized Remittance - save to the extent you are liable under Article 13 of this agreement. In case of reasonable indications of fraudulent activity by the user, ABC is not committed to refunding pending further investigation, which will be undertaken promptly.
If a loss happens due to misappropriation or the use of your lost or stolen mobile phone or other electronic devices by which you access and use the service and/or your password, you are liable for the maximum amount of . If you acted with fraudulent intent or somehow contributed to misusing your mobile phone and/or password intentionally or through gross negligence, your liability is not limited to the above-stated amount. Gross negligence includes but is not limited to cases in which you do not notify ABC about a misuse, loss, or theft of your phone and/or password, disclose them to third parties, or do not keep them safe.
You are not liable for losses from unauthorized use of your mobile and/or password that happen after you promptly notify us that they were misused, lost, or stolen, or if we didn't ensure that you could make a notification about it or detect that such loss, theft, or misuse was not possible for you.
ABC is committed to resolving all your concerns, disputes, and disagreements promptly and fairly. If we are not able to do so through our error and dispute resolution policies and processes mentioned above, you can initiate an out-of-court settlement process by contacting the ombudsman in financial services: Ombudsfin, North Gate II, Boulevard du Roi Albert II, n° 8, bte 2, 1000 Brussels, Belgium; e-mail: ombudsman@ombudsfin.be; telephone: +32 2 545 77 70; or fill out an online form on its website: www.ombudsfin.be. You can also file a complaint in another EU country with an alternative dispute resolution organization that is a part of FIN-NET. Making such a court settlement process does not affect your rights to use other legal proceedings.
If your claims or disputes arise from or are related to this agreement, you can bring legal proceedings in the courts of Belgium or the courts of your habitual residence in the European Union.
If both parties agree, you may also submit the matter to binding arbitration according to Belgian law. In that case, there shall be three arbitrators: one chosen by ABC, one chosen by you, and the third chosen by the first two Arbitrators. The arbitration shall be in Brussels, and the language of the arbitrators should be French. The arbitrators shall make the final decision and both parties shall be binding by the decisions. It may be registered as a judgment in any court of competent jurisdiction.
If you want a paper copy of this agreement but cannot print it, contact us at . We will send you a copy. To use the Application, you agree to receive and accept this agreement, any amendment to this agreement, and all notices regarding the Application and services through electronic (SMS or email) communications. We will notify you by SMS or email at the contact number or email address provided by you at the time of registering for the ABC Application, or we will provide you with a link in such SMS or email where you may view the updated agreement. ABC will provide you with an electronic record of each of your Remittances on the Application. You should have an Android device, an iPhone, or any other device approved by ABC to use our Application. You agree that if you decline consent to receive electronic communications on your electronic device, we may terminate your use of our Application and Services.
This agreement constitutes the entire understanding between you and ABC regarding the Application and Service and all the material incorporated by reference. It may only be modified with written communication and supersedes all prior agreements. ABC can change, supplement, alter, and amend this agreement at any time. You may agree to any such changes if you continue to use the Application after you have been notified of them. We may assign this Agreement or delegate our obligations under it without any prior notice to you and without your consent, in whole or in part. If any part of this agreement is determined to be not valid, the remaining provisions will nevertheless be enforceable.
This agreement and all rights and obligations under it are governed by the laws of Belgium, without regard to its "conflict of laws" rule that might require the Application of the law of another jurisdiction. However, you may have other or different rights if you are a resident of another member state of the European Union.
Our privacy policy describes the way ABC obtains, uses, stores, manages, and disposes of certain information that you, as a user of our Application or services, provide to us. You have certain rights to know about the information we collect, its usage, and how you may obtain or correct it. You agree that you have received and read our privacy policy, which you can find at the link:
Our privacy policy may change in the future. In that case, the updated version will be posted on our website and sent to you via the email address you provided at the time of registration.
This Remittance Service Agreement ("Agreement") explains the terms and conditions under which First E Cash will provide you with the Remittance and other related services. Read all the terms and conditions carefully, as these affect your rights. By accessing and using our services, you acknowledge that you have read, understood, and agreed with the terms and conditions of this agreement with ABC. Even if you do not physically sign the agreement, you acknowledge and accept that this agreement is an electronic and legal contract between you and ABC. It monitors and governs your use of our services.
"User," "you," and "your" refer to the person who downloads the ABC Application and uses our services.
"First E-Cash", "we", "us", and "our" refer to First E-Cash, authorized as a payment institution.
"Application", "app", or "mobile application" refers to the technology provided by ABC to you on your mobile phone or other electronic devices through which you can access and use our service.
"Beneficiary" refers to the person to whom you send or transfer the money.
"Remittance" refers to the money you request and authorize us to process through our Application and pay to your Beneficiary.
"Payment Account" refers to the bank account or credit, debit, or prepaid card account you provide us to charge for payment for your use of the ABC App. The user must hold their payment account in their name at a financial institution acceptable to ABC.
"E-wallet" refers to the account in which your Beneficiary will receive the money sent by you.
If you are entering into this agreement on behalf of a business or any other legal entity, you represent that you have the authority to include those entities in this agreement. In this case, the terms "user", "you", or "your" shall refer to such authorized entity. Only accept these agreements if you have such authority.
The user should be at least 18 years old, be a resident of the UK or another origination country approved by FIRST E CASH, and be registered with FIRST E CASH to use our service. Using our services and consenting to this agreement guarantees and signifies that you are at least 18 years old. If you are creating an account on our platform, you are in charge of keeping it secure and entirely liable for all activities that take place on this platform and other decisions made in connection with it.
Before signing in and using the services, we might monitor and review your new account. Your account may be terminated if any contact information provided by you seems fraudulent or inaccurate. Any unauthorized access to your account or security violation must be reported right away to us.
If we find out that the user has broken any terms and conditions mentioned in this agreement or that their action or contents are likely to harm our reputation and goodwill, we have the right to terminate, disable, or delete your account. FIRST E CASH is not responsible for your actions or liable for any damages caused by them. You are restricted from signing up for our services again if we delete your account for the reasons mentioned above. To prevent you from further registration, we can block your Email ID and IP address.
The user may use the Application only to send a Remittance to a beneficiary located in a country where we provide payment services, as designated on the Application from time to time. The FIRST E CASH and FIRST E CASH-designated service providers will process the Remittance and make funds available for receipt by the Beneficiary, as mentioned below.
Using the Application or services does not represent or create a fiduciary bond between the user and FIRST E CASH. We only provide a remittance service; the funds you direct FIRST E CASH to transfer to your Beneficiary are not held or processed by FIRST E CASH as a deposit or in bond as a fiduciary. We are only responsible for paying your Remittance to your Beneficiary or returning the Remittance to you.
Our services are generally available every day and every hour of the year. However, sometimes the services are unavailable for the user or their Beneficiary. It can be caused by FIRST E CASH's acts, such as temporarily taking the service offline to upgrade and improve the services, or events that are not under its control, such as power outages, wars of civil unrest, telecommunication failures, natural disasters, or other acts of God.
From time to time, we may set limits on the value of Remittances that the user may send and the value of Remittances any Beneficiary may receive. We can delay payment of your Remittance until we determine that your Remittance has obeyed the applicable law, regulation, and policies. We have the right to refuse to accept or pay any Remittance without prior notice if we determine the Remittance violates the applicable law, regulation, or our policies intended to identify and prevent money laundering, terrorist financing, fraud, and other abuses of financial services. In case we accept the Remittance and then determine that it may violate any law, regulation, or policy, FIRST E CASH has the right to hold the Remittance until the matter is resolved.
Users should only use the services to send a Remittance to people they know personally and not pay for goods or services from unknown third parties. If the user pays the amount to any third parties for goods and services using our services, FIRST E CASH has no control over or responsibility for the safety, legality, quality, or delivery of these types of third-party goods or services. Any such use of our services is entirely at the user's own risk.
To use our services, the user must use the Application to direct First E Cash to withdraw the principal amount of the Remittance from their payment account, along with any applicable charges. By requesting a Remittance, the user gives authorization to FIRST E CASH to charge their payment account for the principal amount of the requested Remittance, applicable fees, and charges (if any). The user acknowledges that FIRST E CASH has no obligations to process or complete a requested Remittance if FIRST E CASH cannot obtain authorization or settlement of the payment from the user's payment account. FIRST E CASH charges your payment account after the Beneficiary is paid. By processing Remittances using this method, there is no risk of loss to the user. However, the Remittance payment process can change at our sole discretion after properly notifying the users.
The FIRST E CASH will reveal its fees and applicable charges to the user for providing the services before starting the Remittance payment process. Also, these fees and charges are subject to change from time to time depending on various factors such as the principal amount of the Remittance, the type of payment account, the user's location, and the location of the Beneficiary. Apart from that, FIRST E CASH will also disclose the applicable current foreign exchange rate (the rate at which the payment amount will be converted into the currency to be paid to the Beneficiary) before you send it.
If the charge to the payment account is returned, cancelled or charged back for any reason after the Remittance request is processed, the user is responsible for paying for the principal amount of the Remittance and other associated fees and charges. You agree to pay such amounts, an additional service fee, and/or non-sufficient funds (NSF) fees of USD to FIRST E CASH immediately. You authorize FIRST E CASH to debit your payment account for the amount of any of the above-stated amounts.
Your bank or financial institution where you maintain your payment account may charge you one or more fees like cash advance fees when you send a Remittance. User should review their payment account agreement to learn about such potential fees. FIRST E CASH pays the entire principal amount of the Remittance to the Beneficiary in the currency that is specified on the remittance process initialization. However, your Beneficiary may incur costs or fees from their bank, mobile company, e-wallet issuer, or other parties to maintain or withdraw the amount. FIRST E CASH does not set, control, or receive such costs and fees. The terms of their e-wallet issuer may limit the Beneficiary's ability to use or withdraw the fund.
Be careful when entering information about your Beneficiary. Avoid spelling mistakes in the Beneficiary's full name and verify that you have provided us with the Beneficiary's correct phone number. You represent and guarantee that all the information you enter into the Application and provide to FIRST E CASH is accurate and complete. You guarantee that all the information about you, your payment account, and your Beneficiary is correct. The FIRST E CASH relies on the registration and Remittance information provided by the user while processing a Remittance. You acknowledge that any mistakes in any type of information you provide, including the misidentification of your Beneficiary, incorrect names, account numbers, etc., are your responsibility.
Our Application is available every hour, every week, and every day of the year. Usually, your Beneficiary is paid without delay through our services. Once the Remittance process begins, you may be unable to change or stop it. Most transactions are made available to your Beneficiary within minutes. In case of delays, FIRST E CASH will use its reasonable efforts to contact you as soon as possible to keep you informed.
The payment of Remittance is arranged by FIRST E CASH and/or our designated service providers or agents. We have the right to select the form of payment for your Beneficiary. Our agents or service providers will try their best to process the payment in the requested form. Still, we are not obligated to provide a payment option for specific Remittances. Payment will be made using a credit to an E-wallet, cash, check, stored value card, credit to a bank account or credit card account, or some other payment instrument, depending on the situation and availability of payment options. FIRST E CASH has the right to change the payment method, as all payment options are unavailable in all countries. If the Beneficiary cannot be located and identified, FIRST E CASH may return the Remittance to you by credit to your payment account or check.
We reserve the right to identify and verify the requirements for a successful payment transfer to the Beneficiary. The FIRST E CASH relies on the information and documentation submitted by you and your Beneficiary, including any code or identifier number of the Remittance for identification and verification while paying the amount. We have the right to decline to pay the Beneficiary if we cannot verify the identity of the Beneficiary or if we suspect that you or your Beneficiary are violating this agreement or any applicable law, regulation, or our policies. We can set up identification and verification procedures, and the Beneficiary's noncompliance with such requirements is a justification for not paying the Remittance. However, FIRST E CASH is under no obligation to do so.
Payments to beneficiaries are generally made in their own country's currency. You may ask FIRST E CASH to pay your Remittance in a different currency from time to time if allowed to do so by applicable law and the Application.
If you need currency conversion, we or our service providers will convert the currency in which you initiate your Remittance into the local currency at the remittance exchange rate set by FIRST E CASH when your Remittance is initiated. This exchange rate varies from time to time and may differ based on the principal amount of your Remittance and other factors. The FIRST E CASH makes money when your currency is converted into another currency, in addition to the fees and applicable charges.
Our Application is not intended for use by a person in any authority or country where such use is against the law or regulation. Expressly or otherwise, you are not permitted to use the Service for any Remittance in the following cases:
You acknowledge that you are permitted to request a Remittance that complies with this Agreement, the applicable origination country's law, and the applicable law in the Beneficiary's country. You may only use the Application or services to send the Remittance on your behalf. You cannot resell the Application or use the Application to send Remittance on behalf of, or as an agent for another person. You agree to provide the necessary information and/or documentation to FIRST E CASH from time to time as per our request to FIRST E CASH to comply with any updated and applicable law, including anti-money laundering laws. We can refuse payment of any Remittance that does not comply with the applicable law, FIRST E CASH policy, or the terms of this agreement.
We have the right to reject your Remittance request. We can decline to complete your Remittance request or impose a value or frequency limitation on your service use without any cause or prior notice to you. Without limiting the preceding, FIRST E CASH can suspend, delay, or reject your request for Remittance if:
If your Remittance request is declined for any reason, we will notify you by SMS, electronic mail, or any other reasonable means of notice.
If the Remittance request is declined or rejected for any reason, FIRST E CASH generally refunds the principal amount and any associated fees paid by the user into their payment account if those funds have already been withdrawn. However, there may be instances in which FIRST E CASH is compelled by law to hold your Remittance or to pay it to another person (including a government agency). In that case, FIRST E CASH will let you know if we are allowed to under the relevant laws.
FIRST E CASH is not responsible for any delay, execution failure, or error in the Remittance request process due to circumstances that are not in our control, such as strikes, power failures, war, riots, equipment malfunction, orders by the government or court, work stoppages, or similar circumstances, or wrong or incomplete information provided by the user. You agree that we can refuse to execute or delay processing the request if it violates any rule, guideline, policy, or regulation of any government authority or funds transfer system.
Under any circumstances, except for its own fraud and gross negligence, FIRST E CASH is not liable for damages, whether caused by the negligence of our employees, contractors, agents, or other people, beyond the sum of , in addition to refunding the principal amount of the request and any other fees and charges the user may have paid FIRST E CASH to send it. You may also be entitled to pay your attorney's fees and other costs for pursuing the dispute.
Despite the paragraph mentioned above, you may contact us before you send your Remittance to request our written consent to a greater limit on liability for a Remittance, which we may provide at our exclusive and absolute discretion. FIRST E CASH might charge you for any such higher liability cap.
FIRST E CASH is not responsible for any incidental, indirect, special, punitive, consequential, or similar damages under any circumstances.
Our Applications and services are provided to the user on an "as is" and "as available" basis. FIRST E CASH does not give any warranty, expressed or implied, concerning the Application or services. FIRST E CASH does not provide any warranty on the functionality or accuracy of the application or the appropriateness or completeness of any information or related proceedings. FIRST E CASH expressly disclaims liability for the non-functionality of our Application or services or for errors and mistakes in any information. No implied, expressed, or statutory warranty of any kind is given in connection with the Application or the service including but is not limited to the warranties of title, non-infringement of any third-party rights, merchantability, fitness for a particular purpose, and freedom from any computer viruses.
For any cancellation, error resolution, queries, complaints, or a written explanation of user rights, you can contact us at
We transfer the Remittances to the Beneficiary immediately. Therefore, generally, the Remittance is not cancellable or refundable. If you believe that you have sent a Remittance by mistake, you must contact us at or by calling us at within 30 minutes after you initiated it. We will refund the Remittance, including all fees (if any), within three business days if your Remittance has yet to be credited into your Beneficiary's account.
FIRST E CASH will make reasonable efforts to reverse or retrieve your Remittance, but we may not be able to do so. If you notify us that the account number, contact information, Beneficiary's name, or any other information that you provided to us at the process initialization was incorrect, we will use reasonable efforts to recover your principal amount, but we may not be able to do so if your Remittance has already been credited based on the information you provided.
You have the right to challenge transactional errors. This service is provided without any additional charge. If you believe a mistake has been made, you must notify us immediately at help@FirstECash.com and, in any case, within 13 months of the transaction's execution. Please include your name, contact information, the Beneficiary's name, the date of your transfer, and the specifics of the mistake you think has occurred. We will investigate and check to see if the error has occurred and will reply to you within 15 business days regarding your complaint; in exceptional cases, we will send you a holding reply within 15 days with the deadline by which you will receive a final response regarding your complaint, which will be no longer than 35 business days from the date of your complaint. After the investigation is completed, we will inform you of the investigation's results within three business days. The user has the right to ask for copies of any documents used in the investigation. If we are responsible for the error that occurred in your Remittance, we will refund the total amount paid, including fees (if any).
Suppose FIRST E CASH charged your payment account for a Remittance you did not authorize. In that case, we will refund the total amount of your Remittance promptly and at the latest by the end of the business day after the day on which we were notified by you or became aware of the unauthorized Remittance - save to the extent you are liable under Article 13 of this agreement. In case of reasonable indications of fraudulent activity by the user, FIRST E CASH is not obligated to refund pending further investigation, which will be undertaken promptly.
FIRST E CASH will pay all refunds by credit to your payment account or by check. Alternatively, the user can select to have FIRST E CASH process the Remittance again without any additional charges. However, if we have not charged your account but the authorization for the amount that we charge has been placed on the funds at your bank, we will cancel the transaction and request the release of that authorization. This process can take several days as it depends on the relationship between your bank and FIRST E CASH's payment processor, which is not under our control.
Suppose a loss happens due to misappropriation or the use of your lost or stolen mobile phone or other electronic devices by which you access and use the service and/or your password. In that case, you are liable for the maximum amount of . If you acted with fraudulent intent or somehow contributed to misusing your mobile phone and/or password intentionally or through gross negligence, your liability is not limited to the above-stated amount. Gross negligence includes but is not limited to cases in which you do not notify FIRST E CASH about a misuse, loss, or theft of your phone and/or password, disclose them to third parties, or do not keep them safe.
You are not liable for losses from unauthorized use of your mobile and/or password that happen after you promptly notify us that they were misused, lost, or stolen, or if we didn't ensure that you could make a notification about it or detect that such loss, theft, or misuse was not possible for you.
We are committed to resolving all your concerns, disputes, and disagreements promptly and fairly. If we are not able to do so through our error and dispute resolution policies and processes mentioned above, you can initiate an out-of-court settlement process by contacting the ombudsperson in financial services: Financial Ombudsman Service, Exchange Tower, Harbour Exchange, London, E14 9SR, UK; tel: 0800 023 4567; or fill out an online form on its website: https://www.financialombudsman.or.uk/contact-us. Making such a court settlement process does not affect your rights to use other legal solutions.
If your claims or disputes arise from or are related to this agreement, you can bring legal proceedings in the courts of England or the courts of your habitual residence in the European Union.
You may also submit the matter to binding arbitration according to the English law of arbitration if both parties agree to do so. In that case, there will be three arbitrators: one chosen by us, the second chosen by you, and the third chosen by the first two arbitrators. The arbitration will be in English and shall take place in London. The decision made by the arbitrators will be final and binding on both parties. It may be registered as a judgment in any court of competent jurisdiction.
If you want a copy of this agreement but cannot print it, contact us at , and we will send you a copy of it. To use the Application, you consent to receive and accept this agreement, any amendment to this agreement, and all notices regarding the Application and services through electronic (SMS or email) communications. We will notify you by SMS or email at the contact number or email address provided by you at the time of registering for the Application, or we will provide you with a link in such SMS or email where you may view the updated agreement. FIRST E CASH will provide you with an electronic record of each of your Remittances on the Application. You should have an Android device, an iPhone, or any other device approved by FIRST E CASH to use our Application. You acknowledge that if you decline consent to receive electronic communications on your electronic device, we may terminate your use of our Application and Services.
This agreement constitutes the entire understanding between the user and FIRST E CASH regarding the Application and Service and all the material incorporated by reference. It may only be modified with written communication and supersedes all prior agreements. FIRST E CASH can change, supplement, alter, and amend this agreement at any time. You may agree to any such changes if you continue to use the Application after you have been notified of any such changes. We may assign this Agreement or delegate our obligations under it without any notice to you and without your consent, in whole or in part. If any part of this agreement is determined to be not valid, the remaining provisions will nevertheless be enforceable.
This agreement and all rights and obligations under it are governed by the laws of England and Wales, without regard to its "conflict of laws" rules that might require the Application of the law of another jurisdiction. However, you may have other or different rights if you are a resident of another member state of the European Union.
Our privacy policy describes the way we obtain, use, store, manage, and dispose of certain information that you, as a user of our Application or services, provide to us. You have certain rights to know about the information we collect, its usage, and how you may obtain or fix it. You agree that you have received and read our privacy policy, which you can find at the link: .
Our privacy policy may change in the future. In that case, the updated version will be posted on our website , and sent to you via the email address you provided at the time of registration.