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Effective Date: June 11, 2024

1. Introduction

This Customer Agreement ("Agreement" or "Terms") governs your use of the services provided by SendMoney360 Limited ("SendMoney360," "we," "us," or "our"), a global money transfer platform accessible at www.sendmoney360.com, including our website, mobile applications, and related services (collectively, the "Service"). By accessing or using the Service, you ("Customer," "you," or "your") agree to be bound by these Terms, which form a legally binding contract between you and SendMoney360.

This Agreement incorporates by reference our Privacy Policy, Cookie Policy, and any other policies or notices posted on our website. If you do not agree to these Terms, you must not access or use the Service.

We may update this Agreement from time to time to reflect changes in our Services, legal requirements, or business practices. We will notify you of material changes via email, through your account, or by posting the updated Terms on our website at least thirty (30) days before they take effect, unless immediate changes are required by law. Your continued use of the Service after such changes constitutes acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Service and close your account.

2. Definitions

For the purposes of this Agreement, the following terms have the meanings set forth below:

  • Account: The user account you create to access and use the Service.
  • Business Day: Any day other than Saturday, Sunday, or a public holiday in the United Kingdom, unless otherwise specified.
  • Customer: An individual or entity that registers for and uses the Service in accordance with these Terms.
  • Fees: Charges applicable to your use of the Service, including transfer fees and currency conversion charges, as disclosed at the time of a Transaction.
  • KYC/AML: Know-Your-Customer (KYC) and Anti-Money Laundering (AML) procedures required to verify your identity and comply with financial regulations.
  • Service: The money transfer, currency exchange, and related financial services provided by SendMoney360 through its website, mobile applications, or other platforms.
  • Third-Party Provider: Any external entity, such as payment processors, banks, or KYC/AML service providers, that we engage to facilitate the Service.
  • Transaction: A money transfer or currency exchange initiated by you through the Service.
  • You or Your: The individual or entity entering into this Agreement with SendMoney360.

3. Eligibility

To use the Service, you must meet the following eligibility requirements:

  • Age: You must be at least 18 years old or the age of majority in your jurisdiction, whichever is higher.
  • Legal Capacity: You must have the legal capacity to enter into this Agreement and comply with its terms.
  • Compliance with Laws: You must use the Service in compliance with all applicable local, national, and international laws, including but not limited to financial regulations, anti-money laundering laws, and sanctions regimes.
  • Residency: You must reside in a jurisdiction where the Service is offered. We may restrict access to certain jurisdictions due to regulatory or operational constraints.
  • No Prohibited Status: You must not be listed on any sanctions lists (e.g., OFAC, EU, or UN sanctions lists) or be a politically exposed person (PEP) without additional verification.

We reserve the right to refuse service to any individual or entity that does not meet these eligibility criteria or for any other lawful reason.

4. Description of Services

SendMoney360 provides a platform for individuals and businesses to send and receive international money transfers, exchange currencies, and manage related financial transactions. Our Services include:

  • Money Transfers: Facilitating cross-border payments to recipients in supported countries, using bank accounts, debit/credit cards, or digital wallets.
  • Currency Exchange: Converting funds from one currency to another at competitive exchange rates, as disclosed at the time of the Transaction.
  • Account Management: Tools to track Transactions, manage payment methods, and update account preferences.
  • Customer Support: Assistance with Transactions, account issues, or inquiries via email, phone, or live chat.

4.1 Geographic Limitations

The Service is available in jurisdictions listed on our website, subject to local laws and restrictions. Not all features may be available in every country, and we may impose limits on Transaction amounts or recipient countries based on regulatory requirements.

4.2 Limitations on Use

You may use the Service only for lawful purposes. You agree not to use the Service for:

  • Transactions involving illegal activities, such as money laundering, terrorist financing, or fraud.
  • Transfers to or from jurisdictions subject to international sanctions.
  • Speculative currency trading or activities prohibited by our Third-Party Providers.

We reserve the right to monitor Transactions and take action, including suspension or termination, if we suspect misuse of the Service.

5. Account Registration and Verification

To use the Service, you must register for an Account and provide accurate and complete information.

5.1 Required Information

During registration, you must provide:

  • Full name, date of birth, and nationality.
  • Contact details, including email address and phone number.
  • Residential address and, if applicable, business details.
  • Payment method details (e.g., bank account or card information).

5.2 Identity Verification (KYC/AML)

To comply with KYC/AML regulations, we require identity verification, which may include:

  • Submission of government-issued identification (e.g., passport, driver’s license, or national ID).
  • Proof of address (e.g., utility bill or bank statement).
  • Additional documentation, such as source-of-funds information, for high-value Transactions or enhanced due diligence.

Verification may be conducted by us or Third-Party Providers (e.g., Onfido, Trulioo). You authorize us to perform these checks and share necessary data with such providers.

5.3 Accuracy and Truthfulness

You are responsible for ensuring that all information provided is accurate, complete, and up-to-date. You must promptly notify us of any changes to your information. Providing false or misleading information may result in Account suspension or termination and potential legal consequences.

6. Transactions and Payment Terms

6.1 Initiating Transactions

To initiate a Transaction, you must:

  • Log into your Account and select the recipient, amount, and currency.
  • Provide accurate recipient details, such as bank account or digital wallet information.
  • Confirm the Transaction, including applicable Fees and exchange rates, as displayed at the time of submission.

Once submitted, Transactions are generally irrevocable, subject to Section 6.5 below.

6.2 Fees and Exchange Rates

  • Fees: We charge Fees for Transactions, as disclosed at the time of submission. Fees may include transfer fees, payment method fees, or service charges.
  • Exchange Rates: For Transactions involving currency conversion, we apply a market-based exchange rate with a disclosed margin. Rates are locked in at the time of Transaction confirmation, unless otherwise stated.
  • Transparency: All Fees and exchange rates are displayed before you confirm a Transaction. You are responsible for reviewing and accepting these terms.

6.3 Funding Methods

You may fund Transactions using:

  • Bank transfers (e.g., ACH, SEPA, SWIFT).
  • Debit or credit cards (Visa, Mastercard, or other supported networks).
  • Digital wallets (e.g., PayPal, where available).

We may impose limits on funding methods based on your verification status, jurisdiction, or Third-Party Provider restrictions.

6.4 Transfer Limits and Timing

  • Limits: We may impose daily, weekly, or per-Transaction limits based on your Account status, regulatory requirements, or risk assessments.
  • Timing: Transaction processing times vary depending on the funding method, recipient country, and banking hours. Most Transactions are completed within 1–3 Business Days, but delays may occur due to compliance checks or Third-Party Provider processing.

6.5 Cancellations and Refunds

  • You may request cancellation of a Transaction before it is processed, subject to our approval and applicable Fees.
  • Refunds, if approved, will be issued to the original funding source, minus any Fees or losses due to exchange rate fluctuations.
  • We are not responsible for delays or losses caused by incorrect recipient details provided by you.

7. User Responsibilities

As a Customer, you agree to:

  • Provide Accurate Information: Ensure all Account and Transaction details are correct and up-to-date.
  • Secure Your Account: Protect your login credentials, including passwords and two-factor authentication codes. You are responsible for all activities conducted through your Account.
  • Comply with Laws: Use the Service in compliance with all applicable laws, including financial regulations and sanctions.
  • Notify Us of Issues: Promptly report unauthorized access, suspicious Transactions, or errors to support@sendmoney360.com.

7.1 Prohibited Uses

You must not use the Service for:

  • Illegal activities, including but not limited to fraud, money laundering, or terrorist financing.
  • Transactions involving prohibited goods or services (e.g., drugs, weapons, or gambling).
  • Circumventing sanctions, embargoes, or other restrictions.
  • Hacking, phishing, or other malicious activities that harm the Service or other users.

We may report suspected illegal activities to relevant authorities and cooperate fully with investigations.

8. Compliance with AML/KYC Regulations

SendMoney360 is committed to preventing financial crime and complying with global AML/KYC regulations.

8.1 Customer Identification

We conduct KYC checks to verify your identity and assess Transaction risks. You agree to provide all requested documentation and information promptly.

8.2 Monitoring and Reporting

We monitor Transactions for suspicious activity and may report certain Transactions to regulatory authorities, such as the Financial Conduct Authority (FCA) in the UK or FinCEN in the U.S., as required by law.

8.3 Right to Suspend or Reject

We reserve the right to:

  • Suspend or reject Transactions that fail KYC/AML checks or raise red flags.
  • Request additional information or documentation to resolve compliance issues.
  • Freeze funds or Accounts pending investigation of suspected illegal activity.

You will be notified of any such actions, unless prohibited by law.

9. Third-Party Services

We engage Third-Party Providers to facilitate the Service, including:

  • Payment processors (e.g., Stripe, PayPal).
  • KYC/AML verification services (e.g., Onfido, Trulioo).
  • Cloud storage and infrastructure providers (e.g., AWS, Microsoft Azure).

These providers operate under their own terms and privacy policies, which we encourage you to review. We are not responsible for the acts or omissions of Third-Party Providers, except as required by law.

10. Fees, Charges, and Currency Exchange

10.1 Fee Disclosures

All Fees are disclosed at the time of a Transaction and may vary based on the funding method, Transaction amount, or recipient country. Additional Fees may apply for expedited transfers, cancellations, or chargebacks.

10.2 Currency Conversion

For Transactions involving currency exchange, we apply a rate based on interbank rates plus a margin, as disclosed. Exchange rates are subject to market fluctuations, and we are not liable for losses due to rate changes after a Transaction is confirmed.

10.3 Fee Adjustments

We reserve the right to adjust Fees or exchange rate margins with prior notice, as posted on our website or communicated via email. Continued use of the Service after such changes constitutes acceptance.

11. Intellectual Property Rights

All content, trademarks, logos, and software associated with the Service (collectively, "Content") are owned by SendMoney360 or our licensors and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Content solely for personal or business use of the Service.

You may not:

  • Copy, modify, or distribute the Content without our prior written consent.
  • Use our trademarks, logos, or branding in any manner that suggests endorsement or affiliation.
  • Reverse-engineer, decompile, or attempt to access the source code of our software.

12. Disclaimers and Limitations of Liability

12.1 No Guarantee of Availability

We strive to provide uninterrupted access to the Service but do not guarantee that it will be available at all times. The Service may be temporarily unavailable due to maintenance, technical issues, or events beyond our control.

12.2 Force Majeure

We are not liable for delays or failures to perform due to events beyond our reasonable control, including but not limited to natural disasters, wars, government actions, or cyberattacks.

12.3 Limitations on Liability

To the fullest extent permitted by law:

  • SendMoney360, its affiliates, and Third-Party Providers will not be liable for indirect, incidental, consequential, or punitive damages arising from your use of the Service.
  • Our total liability for any claim related to the Service will not exceed the Fees paid by you for the Transaction giving rise to the claim.
  • We are not liable for losses caused by your failure to provide accurate information, unauthorized Account access, or Third-Party Provider errors.

12.4 Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.

13. Indemnification

You agree to indemnify, defend, and hold harmless SendMoney360, its affiliates, officers, directors, employees, and Third-Party Providers from any claims, losses, or damages (including reasonable attorneys’ fees) arising from:

  • Your violation of this Agreement or applicable laws.
  • Your misuse of the Service, including fraudulent or prohibited Transactions.
  • Any third-party claims related to your use of the Service.

14. Suspension and Termination

14.1 Suspension

We may suspend your Account or restrict access to the Service if:

  • You violate this Agreement or our policies.
  • We suspect fraudulent or illegal activity.
  • We are required to do so by law or regulatory authorities.
  • Your Account poses a security or compliance risk.

You will be notified of the suspension and provided an opportunity to resolve the issue, unless prohibited by law.

14.2 Termination

We may terminate your Account or this Agreement:

  • With thirty (30) days’ notice for any reason.
  • Immediately if you materially breach this Agreement, engage in illegal activity, or fail to resolve a suspension.

Upon termination, you must cease using the Service, and we may delete your Account data, subject to legal retention requirements. Any pending Transactions will be processed or refunded, minus applicable Fees.

14.3 Funds in Suspicious Cases

If your Account is suspended or terminated due to suspected illegal activity, we may withhold funds pending investigation or as required by law. Refunds, if any, will be issued after resolution of the matter.

15. Dispute Resolution

15.1 Governing Law

This Agreement is governed by the laws of England and Wales, without regard to conflict of law principles.

15.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts of England and Wales for any disputes arising from this Agreement, except where mandatory consumer protection laws in your jurisdiction apply.

15.3 Mediation and Arbitration

  • Informal Resolution: For any disputes, you agree to first contact us at support@sendmoney360.com to attempt informal resolution within thirty (30) days.
  • Mediation: If informal resolution fails, disputes may be submitted to mediation in London, UK, under the rules of the Centre for Effective Dispute Resolution (CEDR).
  • Arbitration: If mediation is unsuccessful, disputes will be resolved by binding arbitration administered by the London Court of International Arbitration (LCIA) under its rules. The arbitration will be conducted in English in London, UK, and the decision will be final and enforceable in any court of competent jurisdiction.

This clause does not limit your right to seek remedies under applicable consumer protection laws or to file complaints with regulatory authorities.

16. Privacy and Data Protection

Your personal data is processed in accordance with our Privacy Policy, which details how we collect, use, share, and protect your information. By using the Service, you consent to such processing, subject to your rights under applicable privacy laws (e.g., GDPR, CCPA, PIPEDA).

We use cookies and similar technologies as described in our Cookie Policy. You can manage your preferences via our Cookie Preference Center.

17. Electronic Communication Consent

You agree to receive all notices, agreements, disclosures, and other communications related to the Service electronically, via email, your Account, or our website. You are responsible for maintaining a valid email address and ensuring our communications are not blocked by spam filters.

To withdraw consent for electronic communications, you must close your Account by contacting support@sendmoney360.com. However, certain communications (e.g., Transaction confirmations) may still be sent as required by law.

18. Miscellaneous

18.1 Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

18.2 No Waiver

Our failure to enforce any provision of this Agreement does not constitute a waiver of that provision or any other rights.

18.3 Entire Agreement

This Agreement, together with our Privacy Policy, Cookie Policy, and any other documents incorporated by reference, constitutes the entire agreement between you and SendMoney360 regarding the Service, superseding any prior agreements.

18.4 Assignment

You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign or transfer this Agreement to an affiliate or successor in connection with a merger, acquisition, or business transfer.

18.5 Language

This Agreement is provided in English. Any translations are for convenience only, and the English version will prevail in case of conflict.

18.6 Contact

For questions about this Agreement, please contact us at:
SendMoney360 Limited
123 Global Street, Suite 456, London, UK, EC2N 1AR
Email: support@sendmoney360.com
Phone: +44 20 1234 5678

By using the Service, you acknowledge that you have read, understood, and agree to be bound by this Customer Agreement.

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