WEBSITE TERMS AND CONDITIONS

For new customers, these terms and conditions became effective on December 22nd, 2018.

For existing customers, these terms and conditions shall become effective on February 22nd, 2019 following expiry of the two (2) month notice period given to you pursuant to paragraph 3.3 below.

Please email contact@talkremit.com if you require a copy of any terms and conditions that were applicable immediately prior to this date.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

1. ABOUT US

1.1 The Site (defined below) is operated by TALKREMIT LTD (“TalkRemit,” "we," “us” or “our”). We are a limited liability company registered in England and Wales under company number 10283207 and have our registered office at Cannon Place, 78 Cannon Street, London, England, EC4N 6AF.

1.2 We are an authorised electronic money institution (reference number: 900825) authorised by the Financial Conduct Authority in the United Kingdom.

1.3 We are also registered with the Information Commissioner’s Office (reference number: ZA196312) in accordance with the Data Protection Legislation (as defined below).

1.4 We provide wallet and money remittance services via a web-based platform, Android application, and iOS application. We provide chat, call and video-conferencing services via Android and iOS applications only.

1.5 To contact us, please use below contact details:

1.5.1 E-mail: contact@talkremit.com ; or

1.5.2 Post: 6th Floor, 2 Kingdom Street, Paddington, London, W2 6BD.

2. Terms of use

2.1 The terms and conditions contained herein (the “Terms and Conditions”) together with any documents referred to herein tell you the rules for your use of our website www.talkremit.com along with the associated mobile application and any associated web-based platform with enabled remittance capabilities, electronic wallet, chat and call capabilities (together the “Site”) whether as a guest or as a registered user.

2.2 By using the Site, you confirm that you accept the Terms and Conditions and that you agree to be bound by, and comply with, them in their entirety. If you do not agree to the Terms and Conditions, you must not use the Site or the Services (as defined below). We recommend that you print a copy of the Terms and Conditions for future reference.

2.3 You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of the Terms and Conditions and that they comply with them.

2.4 Your use of the Site is also governed by our Privacy Policy (as defined below). Please click here and review this to understand our practices, including practices in regards to handling your personal information, collecting data and cookies.

3. CHANGES TO THE TERMS AND CONDITIONS

3.1 We may change the Terms and Conditions at any time by amending this page.

3.2 We shall inform you if we intend to make changes to the Terms and Conditions however we advise that you also check this page from time to time for any such changes we may have made.

3.3 Subject to paragraphs 3.4 and 3.5, we shall notify you and provide you with the opportunity to cancel the Services at least two (2) months before any change to the Terms and Conditions becomes effective.

3.4 Notwithstanding paragraph 3.3, the following changes to these Terms and Conditions shall come into effect immediately upon notice being given to you:

3.4.1 changes that are more favourable to you;

3.4.2 changes that are required by law;

3.4.3 changes that are related to the addition of a new service or extra functionality to the existing Services; or

3.4.4 changes which neither reduce your rights nor increase your responsibilities.

3.5 Notwithstanding paragraph 3.3, changes to exchange rates shall come into effect immediately without notice being given to you and you shall not have the right to object to such change.

3.6 Using the Services or the Site after a change to the Terms and Conditions becomes effective means you agree to the new terms and conditions. If you do not agree to the new terms and conditions, you must stop using the Services and the Site.

4. DEFINITIONS

In these terms and conditions, except where a different interpretation is necessary in the context, the words and expressions set out below shall have the following meanings:

“Account” means the online account provided by TalkRemit to you upon your registration to the Site and which enables you to use our Services.

“Business Day” means any day except Saturday, Sunday or any day on which banks are authorised to close in London for general banking business.

“Currency Conversion” means, where you send money in one currency and the payout will be in a different currency, the operation by which the money you send will be converted into the payout currency.

“Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426), each as amended from time to time.

“Receiving Country” means a country to which a Sender instructs us to send funds.

“Electronic Money” means an electronic store of monetary value in the Electronic Wallet.

“Electronic Wallet” means a type of pre-paid account which a Sender will use to store Electronic Money.

“Fees” means all charges and fees we will charge Sender for using the Services.

“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, semi-conductor topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

“Linked Sites” has the definition given to it in paragraph 15.1 below.

“Payment Method” means any legal payment instrument used to fund a Transaction or Top-Up the Electronic Wallet.

“Payout Method” means a Sender’s chosen way to deliver funds to a Receiver.

“Prohibited Purposes” means all purposes associated with any unlawful or illegal activity including but not limited to drugs, weapons, chemicals, adult content, counterfeit goods, money laundering, terrorist financing, human trafficking, human smuggling and fraud.

“Privacy Policy” means the privacy policy which can be found here.

“Remittance Services” means the services by which a Sender sends money to a Receiver via the Site.

“Receiver” means a person who is receiving funds from a Sender through the Remittance Services.

“Sender” means a person who sends funds through the Remittance Services.

“Sending Country” means the country where a Sender has registered his/her Account.

“Service Provider” means any institution we will work with to provide the Services to you.

“Services” means the Remittance Services and the Talk Services delivered via the Site.

“Site” has the definition given to it in paragraph 2.1 above.

“Talk Services” means chat, call and video-conferencing capabilities enabled via the Site and any additional features offered as part of those capabilities, which include, but are not limited to, sending images and locations through chat.

“Terms and Conditions” has the definition given to it in paragraph 2.1 above.

“Top-Up” means us issuing you with Electronic Money in exchange for your money and storing it in your Electronic Wallet.

“Trademarks” means trademarks, service marks and trade dress.

“Transaction” means sending funds to individuals abroad, converting funds from one currency to another, making a payment using the Electronic Wallet, loading funds to the Electronic Wallet, redeeming money from the Electronic Wallet or transferring money between Electronic Wallets and any other means within the Services.

“Transaction Amount” means the amount payable to your Receiver excluding Fees and before any Currency Conversion.

“Transaction ID” means the unique reference number used to identify and payout a Transaction.

“Unique Identifier” means any unique reference number about your Transaction which TalkRemit and Service Providers will use to process your Transaction such as Transaction ID, bank account number, mobile number, Receiver’s name or any other identifier provided by TalkRemit.

5. YOUR OBLIGATIONS AND RESPONSIBILITIES

5.1 You confirm that you are at least 18 years old and that you have the legal capacity to form a contract with us.

5.2 You agree to pay all the Fees which are applicable to your chosen Payment Method and Payout Method.

5.3 You confirm that you are not using the Services on behalf of anyone else. If you wish to use our Services on behalf of any third party, you are obliged to inform us and provide any required information about the third party.

5.4 You must register with us to fully access the Site and the Services. If you wish to register for the Talk Services, you must, as a minimum, provide your email address, phone number and a password. If you wish to register for the Remittance Services you must, as a minimum, provide your full legal name, date of birth, address and nationality.

5.5 In addition to the information in paragraph 5.4, you agree to provide us with any required information about yourself and/or your Receiver such as an address, phone number, nationality, identity documentation, proof of address (such as utility bills), source of funds, bank statements or any other documentation as required by applicable laws and regulations. Our use of the personal information you provide us with is governed by our Privacy Policy.

5.6 You warrant that all information supplied by you is true, accurate, current and complete and you confirm that you will update this information via the Site in the event of any changes to it. We may contact you from time to time to confirm that the information that you have provided us with is up to date.

5.7 You will safeguard your Account information and keep this confidential. You will not permit anyone else to use your Account. If you know or suspect that someone else is using your Account information, you must notify us immediately by sending an email to us at contact@talkremit.com.

5.8 You must not submit or send any correspondence or information to the Site which is illegal, defamatory, offensive, misleading, libellous, indecent, pornographic, invasive, suggestive, harassing, obscene, inflammatory, lewd, or fraudulent in any way.

5.9 You must not use the Site:

5.9.1 in any way that breaches any applicable local, national or international law or regulation;

5.9.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

5.9.3 for the purpose of harming or attempting to harm minors in any way;

5.9.4 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

5.9.5 to decompile, reverse engineer, or otherwise modify any part of the Site.

5.10 You must not use the Site to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, logic bombs, time-bombs, keystroke loggers, spyware, adware or any other malicious or harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware.

5.11 You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.

5.12 You must not attack the Site via a denial-of service attack, a distributed denial-of-service attack or any other form of attack.

5.13 You acknowledge that by breaching the terms contained in paragraphs 5.10, 5.11 and 5.12 you may be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them. Your right to use the Site will immediately cease in the event of such breach and we shall deactivate your Account.

6. OUR OBLIGATIONS AND RIGHTS

6.1 We agree to provide you with access to the Site and the Services in accordance with these Terms and Conditions. However, we reserve the right to refuse to provide you with the Services without any explanation.

6.2 We may update the Services, the Site or any content therein at any time.

6.3 We are obligated to verify your information in accordance with our ‘Know Your Customer’ standards before approving your Account. We will use your address and other personal information to verify your identity against third party databases including but not limited to credit agencies. We will not perform credit checks, therefore, your credit rating will remain unaffected. We may ask for additional documentation to complete your identity verification. All data will be processed in accordance with the Data Protection Legislation. Please see our Privacy Policy for more information.

6.4 We can charge interest if you pay any sum owed under these Terms and Conditions or otherwise in connection with the Services after its relevant due date. If you do not make any such payment to us by the due date we may charge you interest on the overdue amount at the rate of 2% a year above the base lending rate of Bank of England which may vary from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after a court judgment.

6.5 TalkRemit does not take any responsibility for any damage or loss which you might incur because of your arrangement between you and your Receiver. TalkRemit does not provide any guarantee on the quality, delivery of services and/or products you paid for using our Services. We strongly recommend that you only send money to Receivers you personally know.

7. REMITTANCE SERVICES

7.1 In order for us to execute your Transaction, you will need to fund it using your specified Payment Method. If you do not provide sufficient, cleared funds before the time specified in the Site, we will cancel your Transaction.

7.2 A summary of your Transaction details will be displayed before you submit the Transaction. Your confirmation will be treated as your consent to initiate your Transaction, however, your Transaction will not be executed until you pay for it, as per paragraph 7.1 above.

7.3 You agree to pay all Fees which are applicable to your chosen Payment Method and Payout Method. A breakdown of all Fees will be displayed before you submit your Transaction.

7.4 Where you send money in one currency and the payout will be in a different currency, we will apply a Currency Conversion rate. The rate will be displayed on the Site before you submit the Transaction. Once you submit your Transaction, the Currency Conversion rate will be locked for a time specified on the Site. The rate that we apply will be different from the rate at which we buy the currency. This difference in price is our small margin that we use to guarantee you the rate for a specified time.

7.5 If you submit a payment order after 5pm on a Business Day or on a day that is not a Business Day, the payment order is deemed to have been received on the first Business Day thereafter.

7.6 The time of execution of your Transaction will be displayed before you submit your Transaction. We will attempt to pay your Transaction in accordance with the time indicated, however you accept that the payout time of your Transaction might change for reasons including but not limited to: (i) time needed to verify your Account or Transaction; (ii) business hours of Service Providers; (iii) our obligations to comply with any law in the Sending Country or Receiving Country; or (iv) any unforeseeable event which is beyond our control.

7.7 When you submit your Transaction, we reserve the right to impose limits on your Account, Transaction Amount and/or Top-Up amount. If a limit has been imposed, but you wish to continue using the Remittance Services, we might request additional information, for example proof of source of funds. We will communicate through the Site or email the reason for the limit, what information we require and what steps you need to follow to remove the limit. You acknowledge that we might not be able to provide you with the reason for, or possibility to remove, the limit if it would compromise security measures or would be otherwise unlawful.

7.8 After successful execution of your Transaction we will send you email confirmation together with details of your Transaction.

7.9 If you choose cash payout as your Payout Method, your Transaction will be available for 30 days from the day when you receive email confirmation. If the cash payout has not been made within that period, your Transaction will be cancelled, and your money will be returned to the Payment Method you used to fund the Transaction.

8. CHANGING, CANCELlING AND REFUNDING TRANSACTION

8.1 Your Transaction details cannot be changed once you’ve submitted your Transaction. Please read the Transaction details carefully before submitting your Transaction to avoid misdirection of the Transaction or unsuccessful payment.

8.2 You acknowledge that TalkRemit might not be able to cancel an already executed Transaction. If you wish to cancel your Transaction, please contact us send us an email to contact@talkremit.com. We will attempt to cancel the Transaction, however, the success of the cancellation and the amount of any refund might depend on any of the following: (i) the Transaction status; (ii) availability of any relevant Service Provider; (iii) the Transaction being on hold for compliance review; or (iv) the reason for the cancellation. In case we are able to refund you your money, we reserve the right to keep the Fees charged for executing your Transaction as well as any additional fees associated with the cancellation.

8.3 If you have provided us with an incorrect Unique Identifier and your Transaction was paid out to a person other than your Receiver, you may make a written request to us to get a refund. We will attempt to refund you your money however we do not guarantee that we will be able to do so. In accordance with the Payment Services Regulations 2017, we have a right to charge you for our efforts to refund the money. Any fees that will be charged in connection with the refund will be communicated via email upon your written request. You acknowledge that we might not be able to refund you your funds.

8.4 In case of a successful refund, your money will be credited back to the Payment Method you used to submit the Transaction. We reserve the right to refuse to pay a refund to a Payment Method different to the one used for the Transaction.

8.5 You acknowledge that refunds can take up to seven (7) Business Days depending on your bank.

9. UNAUTHORISED and Incorrectly Executed TRANSACTIONS

9.1 If you believe that you did not authorise a particular Transaction or that a Transaction was incorrectly executed, you should:

9.1.1 contact us without undue delay (i.e. as soon as you become aware of the problem) and in any event within 13 months of the date of such Transaction. We will not be held liable for any Transaction that was unauthorised or incorrectly executed if you have failed to contact us without undue delay. In these circumstances, you may be held liable. You should also confirm the disputed Transaction in writing, setting out full details of the Transaction and your reason for disputing it; and

9.1.2 provide us with all receipts and information that are relevant to your claim.

9.2 Subject to paragraphs 9.1 and 9.4, we shall refund to you the amount of any Transaction not authorised by you as soon as reasonably practicable (and in any event no later than the end of the Business Day following the day on which we become aware of the unauthorised Transaction).

9.3 If we subsequently establish that the Transaction was authorised by you, or you have acted fraudulently or have, with intent or gross negligence, failed to keep your Electronic Wallet or Account security details safe, we may deduct the amount of the Transaction from your available balance. If you do not have a sufficient Available Balance for the deduction, you must repay us the amount immediately on demand.

9.4 If you have acted fraudulently or have with intent or gross negligence failed to keep your Electronic Wallet or Account security details safe, you will also be liable for all losses we suffer in connection with the unauthorised Transaction, including but not limited to the cost of any investigation we carry out in relation to the Transaction.

9.5 Except in the circumstances set out in paragraph 9.4, you will not be liable for any losses if:

9.5.1 you have notified us about the unauthorised Transaction in accordance with paragraph 9.1 above; and

9.5.2 we failed to provide an appropriate means for you to notify us of the loss, theft, misappropriation or unauthorised use of the Electronic Wallet or Account security details, or where the unauthorised Transaction was not carried out face to face.

9.6 Unless already covered in paragraph 9.4 and 9.5 above, you will be liable for losses up to a maximum of the equivalent of £35 in the case of unauthorised Transactions resulting from the loss or theft of your Electronic Wallet or Account security details, or, where you have failed to keep your Electronic Wallet or Account security details safe, their misappropriation.

9.7 If you inform us that there has been an incorrectly executed Transaction in accordance with paragraph 9.1 above, we will make reasonable efforts to trace the relevant funds and notify you of the outcome.

9.8 We will be liable to you in respect of any incorrectly executed Transaction which results from our failure to comply with our obligations under these Terms and Conditions in which case we will as soon as reasonably practicable:

9.8.1 refund the amount of the incorrectly executed Transaction and restore the relevant account to the state in which it would have been had the incorrectly executed Transaction not taken place; or

9.8.2 if the incorrectly executed Transaction has not been executed at all, correctly execute the Transaction,

9.9 In each case set out in paragraph 9.8, we will not be liable for the correct execution of the Transaction if we can prove that the payment service provider of the intended Receiver has received the funds in accordance with the Transaction.

10. ELECTRONIC WALLET

10.1 You acknowledge that your Account and Electronic Wallet are not protected under the Financial Services Compensation Scheme. However, we do comply with the Electronic Money Regulations 2011 and the funds received by us in exchange for Electronic Money are kept separately from our company funds in one or more safeguarding accounts in a UK and/or European Union bank.

10.2 You can Top-Up your Electronic Wallet only with a Payment Method which belongs to you. We reserve the right to verify whether you are true account holder of the specified Payment Method and refuse to accept it if we are not able to confirm it.

10.3 We reserve the right to impose limits on how much money you can Top-Up to your Electronic Wallet.

10.4 We reserve the right to freeze money in your Electronic Wallet if we suspect that it is being used for illicit purposes subject to relevant laws and regulations.

10.5 If for whatever reason your Electronic Wallet balance becomes negative, you agree to Top-Up your Electronic Wallet as soon as possible. If you haven’t topped-up your Electronic Wallet within seven (7) business days of your balance becoming negative, we reserve the right at our sole discretion to initiate payment from your stored Payment Method.

11. Talk Services

11.1 TalkRemit allows you to perform free-of-charge texts, video calls, audio calls and video conferencing. You are responsible for any additional fees incurred such as mobile data fees.

11.2 You are responsible for keeping your devices and your Account safe at all times. You must notify us as soon as possible of any unauthorised use or security breach of your Account by sending us an email to contact@talkremit.com.

11.3 Our Talk Services do not work in the same way as mobile or landline services. Our Talk Services do not provide access to emergency services. If you wish to contact emergency services, you need to use your regular mobile line, landline or any other communication method applicable in your jurisdiction.

11.4 Any data related with Talk Services will be processed in accordance with the Data Protection Legislation. Please see our Privacy Policy for more information.

12. communication

12.1 You agree that email will be main method of communication between you and us. We may also contact you through the Site by means of push notifications sent to your device.

12.2 You must have access to a valid email address that belongs to you in order to receive any relevant information concerning your use of the Site and our Services.

12.3 You have a right to request for a copy of these Terms and Conditions to be sent to you via email.

12.4 These Terms and Conditions are in the English language. Any communication in relation the Services and any other communication will be in the English language.

12.5 Any notice or other communication shall be deemed to have been duly received the next Business Day following the notice being communicated.

13. Termination and Account Deactivation and Suspension

13.1 You can deactivate your account by sending an email to our email address contact@talkremit.com, using the email address associated with your Account, indicating your full name, address, phone number, date of birth and reason for deactivation. Deactivating your account will prevent you from logging in to your Account.

13.2 When you deactivate your Account, we will continue to store your personal data in accordance with the Data Protection Legislation.

13.3 We may deactivate your Account and/or otherwise discontinue providing you with the Services on two months’ written notice to you.

13.4 Notwithstanding paragraph 13.3, we reserve the right to suspend or deactivate your Account and/or otherwise discontinue providing you with the Services at any time and without notice if:

13.4.1 we have reasonable grounds to believe you have used our Services for Prohibited Purposes;

13.4.2 we have reasonable grounds to believe you are in breach of any of the provisions contained in these Terms and Conditions or in any documents referred to herein;

13.4.3 you intimidate, harass or threaten our employees or the employees of a Service Provider;

13.4.4 we are requested to do so by any competent court of law, government authority, public agency or law enforcement agency;

13.4.5 we have reasonable grounds to believe you are in breach of any applicable law or regulation; or

13.4.6 we have reasonable grounds to suspect the security of your Electronic Wallet or your Account has been breached or unauthorised or fraudulent use of your Account.

14. Complaints Handling

14.1 If you wish to make a complaint about the Services, you can email us at complaints@talkremit.com, with brief details of your complaint and the email address associated with your Account.

14.2 We will attempt to resolve your complaint by the end of the third Business Day following the day on which the complaint is received. If we are unable to do so, we will initiate a formal complaints handling procedure and acknowledge your complaint by email within five (5) Business Days of its receipt by us. The email will contain details of the complaints procedure and your right to refer the complaint to the Financial Ombudsman Services if you are dissatisfied with our assessment and ruling.

14.3 Within fifteen (15) Business Days (complaints about rights and obligations arising under Parts 6 and 7 of the Payment Services Regulations 2017 or under Part 5 of the Electronic Money Regulations 2011) or eight (8) weeks (complaints not related to rights and obligations arising under Parts 6 and 7 of the Payment Services Regulations 2017 or under Part 5 of the Electronic Money Regulations 2011) after the date on which we received your complaint, we will send you a final response or, if we are not able to do so, a response specifying the day by which we expect to send you the final response.

14.4 A complaint about any regulated aspect of the Services that we cannot settle within fifteen (15) Business Days (complaints about rights and obligations arising under Parts 6 and 7 of the Payment Services Regulations 2017 or under Part 5 of the Electronic Money Regulations 2011) or eight (8) weeks (complaints not related to rights and obligations arising under Parts 6 and 7 of the Payment Services Regulations 2017 or under Part 5 of the Electronic Money Regulations 2011) after the date on which we received your complaint may be referred to the Financial Ombudsman Service at The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR, United Kingdom (further details can be found at www.financial-ombudsman.org.uk).

15. Linked Sites

15.1 This Site may contain links to other independent third-party websites and resources (the “Linked Sites”). The Linked Sites are provided solely as a convenience to our visitors.

15.2 The Linked Sites are not under our control and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

15.3 You will need to make your own independent judgment regarding your interaction with the Linked Sites. We will not be liable for any loss or damage that may arise from your use of the Linked Sites.

16. Disclaimer and Limitation of Liability

16.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the Services including the right to receive services which are as described and supplied with reasonable skill and care.

16.2 You understand and agree that under no circumstances shall we be liable for any loss or damage, whether in contract, tort (including negligence) or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use the Site or Services or the use of or reliance on any content displayed on the Site.

16.3 We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted or that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access the Site. You should use your own virus protection software.

16.4 Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.

16.5 The Site may contain omissions, inaccuracies and typographical errors and, although we use all reasonable efforts to keep content up to date, we are under no obligation to update it. We do not make any representations, warranties or guarantees, whether express implied as to the accuracy or completeness of any content on the Site.

16.6 You expressly understand and agree that:

16.6.1 your use of the Site shall be at your sole risk;

16.6.2 the content on the Site is provided for general information only. It is not intended to amount to advice and you should not rely on it;

16.6.3 the Site is provided on an "as is" and "as available" basis;

16.6.4 except as expressly provided herein, and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms of any kind, whether express or implied which may apply to the Site or any content on it;

16.6.5 we make no warranty with respect to the results that may be obtained from the Site, the products or services advertised or offered or merchants involved; and

16.6.6 any material downloaded or otherwise obtained through the use of the Site is done at your own risk and you will be solely responsible for any damage to your computer system or for any loss of data that results from the download of any such material.

16.7 The Site and all its contents are intended solely for personal, non-commercial use. You agree not to use the Site for any commercial or business purposes and we have no liability to you for any loss of profits, loss of business, business interruption or loss of business opportunity.

16.8 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any Linked Site.

17. Intellectual Property Rights

17.1 We are the owner or the licensee of all Intellectual Property Rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

17.2 All the Intellectual Property Rights in the website and the information on the Site provided by us to you (excluding your Account information) shall vest and remain vested in us or the third party owners.

17.3 “TalkRemit” and our logo are registered trademarks of TalkRemit Ltd.

17.4 It is our policy to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under any applicable intellectual property laws. Notices of claimed infringement should be directed to: info@talkremit.com.

17.5 Except as expressly provided, nothing within the Site shall be construed as conferring any transfer, assignment or license of our or any third party's Intellectual Property Rights, whether by estoppel, implication, waiver, or otherwise.

17.6 Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate the Site and the Services is protected by copyright, trademark, patent, or other proprietary rights.

17.7 You agree not to:

17.7.1 modify, alter, or deface any of the Trademarks or other intellectual property made available by us in connection with the Site;

17.7.2 hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers;

17.7.3 use any of the Trademarks or other content accessible through the Site for any purpose other than the purpose for which we have made it available to you;

17.7.4 defame or disparage us, our Trademarks, or any aspect of the Site; and

17.7.5 adapt, translate, modify, decompile, disassemble, or reverse engineer the Site or any software or programs used in connection with it or the Services. The framing, mirroring, scraping or data mining of the Site or any of its content in any form and by any method is expressly prohibited.

17.8 You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on the Site.

17.9 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

17.10 Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.

17.11 You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.

17.12 If you print off, copy or download any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

17.13 Subject to these Terms and Conditions, you hereby agree that any information, photos, material or drawings you upload to the Site is uploaded on a nonexclusive basis. You hereby grant us a nonexclusive, irrevocable right to use such materials as we see fit without any royalty.

18. Linking to the Site

18.1 You may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

18.2 You must not link to the Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

18.3 You must not establish a link to the Site in any website that is not owned by you.

18.4 You must not frame the Site on any other site, nor may you create a link to any part of the Site other than the homepage.

18.5 We reserve the right to withdraw linking permission without notice.

18.6 If you wish to make any use of content on the Site other than that set out above, please send us an email to contact@talkremit.com.

19. PLACE OF PERFORMANCE

19.1 This Site is controlled, operated and administered by us from our office within the European Economic Area.

19.2 The Talk Services are intended for use worldwide, but the Remittance Services are intended only for use within the European Economic Area. We make no representation that the Remittance Services are appropriate or available for use at other locations outside of the European Economic Area and access to them in other territories may be prohibited. We may limit the availability of the Site or any Service or product described on the Site to any person or geographic area at any time. If you access this Site from a location outside of the European Economic Area, you do so at your own risk and you are responsible for compliance with all local laws.

20. General

20.1 Each provision of these Terms and Conditions is distinct and severable from the others. If at any time, any provision of these Terms and Conditions is held to be invalid, unlawful or unenforceable (whether wholly or partly), the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the validity, lawfulness and enforceability of remaining provisions (or the same provision to any other extent) will not be affected or impaired in any way.

20.2 We may agree to amend these Terms and Conditions in order to ensure the terms are valid, lawful and enforceable.

20.3 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

20.4 Our delay or failure to act with respect to a breach of these Terms and Conditions by you or any other person does not waive our right to act with respect to subsequent or similar breaches.

20.5 These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between our representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders.

20.6 No person other than you or us shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.

20.7 You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or your use of the Site.

20.8 Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

21. GOVERNING LAW AND JUSRISDICTION

21.1 These Terms and Conditions, their subject matter and their formation, and all disputes or claims arising out of or in connection with it (including any non-contractual disputes), and any obligation arising out of or in connection with it, shall be governed by and construed in accordance with the laws of England and Wales.

You and we both agree that the courts of England and Wales shall have exclusive jurisdiction over any disputes relating or connected to these Terms and Conditions.