Terms And Conditions
This Terms and Conditions (User Agreement) is effective as of the date you accepted to use our service. They outline the terms by which you engage with our services available at www.Helasend.com ("service"). Do not access the service if you do not wish to be bound by these terms and conditions. By accessing and using the service you agree to the terms set out in this agreement.
As referenced throughout this document, the terms "HELASEND", "our", "we", "us" refer to HELASEND a product of money transfer international ltd., a GCC registered company duly authorized by the Financial Conduct Authority, together with its directors, employees, assignees and successors. The terms "your" and "you" refer to users of the service, both recipients and senders.
1. THE HELASEND SERVICE
It is recommended that you use the Service to send money to your family and friends and, hence, you should not use the service to send money to unknown recipients and strangers.
The service permits users to send international money remittances from the GCC to Kenya and soon to other East African countries served by HELASEND. A “Sender " may use the service to remit funds and a "Recipient" receives money to their bank or mobile wallet through this service. The "Transaction Amount" refers to the in Money in home currency that the sender provides to HELASEND for transfer to the recipient. The "Payout Amount" refers to the funds paid out to the Recipient.
2. SERVICE USE ELIGIBILITY
- Capacity & Age. All users must be at least (18) years of age to sign up, use, or access the service. This is because all users must have the capacity to enter into a legally binding contract under the applicable laws. There may be other restrictions that may apply.
- Others. Users may not receive or submit a Transaction on any other persons behalf.
- Residence within the GCC. The Service is available to residents of the GCC only.
- Offer and Acceptance. Once you submit a Transaction request, you are authorizing us to process your Transaction, an offer that we may reject or accept at our discretion.
- Registered in the GCC Only. HELASEND is currently not licensed to provide the Service outside of the GCC. As such, the service is presently not available for use in countries other than the GCC.
- Multiple Accounts. Sender are only permitted to have one active at any given point in time. Once we determine that a sender has more than one account, we reserve the right to terminate or merge these accounts, decline their continued use of our service or apply limitations to the Sender's use of our service.
3. PAYING FOR THE HELASEND SERVICE
- Charges. For each transaction you initiate, you are agreeing to pay us a service fee ("Service Fee"), applied through a foreign exchange mark up on the Transaction Amount. Payments in Money in home currency is due at the point the transaction is initiated for processing. If for whatever reason you initiate a transaction that results in HELASEND incurring any chargeback fees, Non-sufficient funds or other similar charges, you agree to reimburse us for all such charges and fees.
- Payment. In order for HELASEND to process your transactions, you permit us to charge of the available payment instruments added in your payment profile ("Payment Instrument" refers to any debit card, credit card or bank account). In the event of payment failure, you authorize us to repeat one or multiple times using the available payment instruments on your profile. You guarantee that you are the lawful and authorized user of the nominated Payment Instrument(s) you have provided on your profile.
- Other Charges. Helasend does not take responsibility for any fees that may be applied by the financial institutions associated with the provided Payment Instruments on your profile. For instance, various credit card issues may impose additional interest costs and fees as they may treat the use of your credit card on our platform as a "cash advance". HELASEND does not take any responsibility for any chargeback fees, non-sufficient funds fees, or any other related charges that may be applied on you by your credit/debit card issuer, bank or other financial services provider.
4. RECEIVING A PAYMENT
- Service Providers. We partner with local banks and mobile money service provider ("Service Provider") to avail funds to Recipients. As a sender, you are nominating your Recipient as your receiving agent for the purposes of funds receipt transmitted through the HELASEND service. We endeavor to provide up to date information on our website and mobile application about the availability, location, and hours of our Service Providers.
- Verification. All Recipients are required to provide proof of their identities before the funds can be approved for disbursement by presenting a valid identification document. Furthermore, Recipients may be obligated to provide a reference code/number or any other similar identifier associated with the applicable Transactions.
5. KEY SERVICE RESTRICTIONS
- General. We may reject any Transaction or limit the Transaction amount to be transferred, either on an aggregated or on a per transaction basis. These limits may be applied to linked or individual accounts. Helasend reserves the right at any time to discontinue or adjust all or part of the money transfer service.
- Delays. Transactions processing may be delayed due to our efforts to validate your identity, the validity of your Payment Instruments and compliance with laws as well as financial risk management. Senders are entitled to a refund in various circumstances and one may cancel your transactions at any point while it is still pending.
- Commercial Transactions. Senders may not use the Service to send funds except to recipients known to them. HELASEND will not be liable for, the delivery or quality of goods that you pay for using our service. You accept that using the service to pay for services and goods is at your own risk.
- Unauthorized Transactions. You may not use this service in violation of the applicable laws or this Agreement. It is a breach of this Agreement to use this Service for any of the following: fraud, money-laundering, funding of terrorism activities, gambling activities, purchase or sale of controlled substances ,prescription drugs, tobacco, tobacco related paraphernalia, sexually explicit materials; or to send funds to a Recipient that is in breach of this Agreement. If you use this Service for any of the above mentioned cases or any other illegal activity, HELASEND reserves the right to report you to the relevant law enforcement body.
- Ineligibility. The Sender's Payment Instrument must be issued by a GCC. financial institution. We reserve the right to reject Transactions from certain Senders and to certain Recipients that are flagged and included on any of the lists issued by the various law enforcement bodies and government agencies.
- No Changes. Generally, we do not allow you to alter your Transaction once it has been initiated for processing. It is the Sender's responsibility to ensure that the Transaction details are accurate.
- Restricted Activities. While interacting with our service, website or mobile applications, a third party or user, you agree that you will not: 1. Give inaccurate, misleading or false information; 2. Violate this Terms and Conditions or any other contracts between you and HELASEND;3.Refuse to assist in an investigation or provide any requested information and identity confirmation.;4. Use an anonymous proxy; 6. Initiate a transaction that provides you with a cash advance from your credit card (or assist others to do the same); 7. Use any manual process or automatic device to monitor or replicate our website.
- Refuse to cooperate in an investigation or provide confirmation of your identity; 4. Use an anonymizing proxy;
- Transactions to Kenya. HELASEND processes transactions to Kenya pursuant to the applicable laws and Central Bank regulations.
6. WHY AND HOW WE COLLECT PERSONAL INFORMATION
- Verifying information. You give us permission to make any inquiries, to you or to other third parties, which are necessary in the validation of the information that you have provided. This may include requesting you for additional information, necessitating you to take steps to verifying your financial instruments or email address, in order for us to undertake verification of your information against other sources such as third party databases.
7. REFUNDS. ERROR RESOLUTION AND CANCELLATIONS
Error Resolution. In the event you experience any issues while using our service, don't hesitate to let us know at any time. You can reach us any time using any of the provided communication channels or through the contact information at the bottom of this Terms & Conditions. For more information about resolving errors click here (Error Resolution Centre)
Refunds. You have the option to cancel your transaction at any point prior to its completion. Completion is defined as the point at which your recipient claims the funds you sent either via bank account deposit, mobile wallet deposit or cash pick-up. Once we receive a cancellation order, we may verify with our service providers to confirm whether the transaction is complete prior to processing a refund.
The Transaction Amount cannot be refunded after completion. If, however, you are not content with our service for whatever reason, we will refund the service fee amount. All refunds will be credited to the same instrument of payment used to facilitate the transaction. Refunds will only be made in the sending currency and will not be modified to take into account any fluctuations in the value of the foreign currency from the time the transaction was processed.
In case of any complaints first contact the customer service division of HELASEND, at +971 XXXXXXXX, in the event your issue remains unresolved in regards to the service's currency exchange activities or money transmission, please forward your complaint to; hello@Helasend.com
Complaints. As much as we encourage our users to share any questions or concerns that they may have about our service with us, including but not limited to specific transaction or their accounts, you may also want to contact the Financial Conduct Authority (FCA) for any verifications.
8. HELASEND'S INTELLECTUAL PROPERTY
You agree that the service, including our website content, logos, text, images and graphics, and all other copyrights owned by HELASEND, logos and, service names , product are wholly owned by HELASEND.
You accept not to use, display, modify or replicate the HELASEND intellectual property in any form or manner. You are solely authorized to view and maintain a copy of our website pages for your personal, non-commercial purposes. Furthermore, you agree not to (i) alter or remove any trademark, author or other legend or proprietary notice displayed on this website (or any printed works thereof;(ii) Use any scraper, robot or spider including other automated devices to access the HELASEND services. (iii) infringe any of HELASEND's and any third party's intellectual property rights, patent, copyright, trademark, trade secrets or any other rights of privacy or publicity.
9. DISCLAIMER OF WARRANTIES
We make all necessary efforts to make sure that Transactions are duly processed in a timely fashion, however, we make no warranties or representations regarding the time needed to complete the transaction process since the service is reliant on many other factors that are beyond our control. In any event, the users may have a right to claim a refund as explicitly described herein.
You accept to hold and indemnify HELASEND, partners, employees, service providers, agents and their respective subsidiaries harmless from any demand or claim, including reasonable solicitors' fees, made by any third parties arising as a result of your use of our service, your violation of the agreement, your connection to the service, or your violation of any rights of another.
11. LIMITATION OF LIABILITY
IN NO CONDITION SHALL HELASEND, OUR RESPECTIVE SUBSIDIARIES,PARTNERS, AGENTS, EMPLOYEES, OFFICERS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF £ 500.00 (IN ADDITION TO REFUNDING THE HELASEND SERVICE FEES AS WELL AS TRANSACTION FUNDS), INCLUDING BUT NOT LIMITED TO DAMAGES FOR USE, GOODWILL, DATA, PROFITS OR INTANGIBLE LOSSES (EVEN THOUGH HELASEND HAS BEEN INFORMED OF THE LIKELIHOOD OF SUCH DAMAGES ) RESULTANT FROM NEGLIGENCE ON OUR PART, OUR RESPECTIVE SUBSIDIARIES, DISBURSMENT PARTNERS, OFFICER, EMPLOYEES OR AGENTS.
12. GOVERNING LAW AND DISPUTE RESOLUTION
- Governing Law. The Terms and Conditions shall be governed according to the common law of the GCC, and all activities undertaken in connection with our service shall be considered to have been performed in the GCC. Any dispute, claim or controversy resulting from or related to the Agreement (a "Claim") or Service shall be governed by and interpreted in accordance with the laws of the GCC.
- Disputes with HELASEND. Our goal is to solve your issues and concerns should a contention arise between you and HELASEND. In the event we are not able to address your issue to your satisfaction, HELASEND will seek to provide you with a cost-effective and neutral means of solving the issue in the shortest time possible. All disputes regarding the services we offer may be reported through all our online customer service channels or by email through disputes@Helasend.com
- Arbitration. You and HELASEND accept that all Claims will be resolved by binding arbitration, except in cases where each party retains the right to take an individual action in court. In the event a party chooses arbitration, that party agrees to initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually elected by both parties. The particular method shall be decided by the parties initiating the arbitration and must comply with the following conditions (a) the specific arbitration shall not involve any physical appearance by the witnesses and parties involved unless agreed upon by the parties (b) The elected ADR provider as well as other parties shall be undertaken online, through telephone and/or exclusively based on written submissions.(c) Any judgments on the rendered award by the arbitrator may be presented in any court of competent jurisdiction and,(d) The arbitrator bears no right to consolidate more than one user's claims, and may not otherwise direct any form of any representative or class proceeding. You agree and acknowledge that HELASEND and you are both waiving your right to a trial or to participate as a class member or plaintiff in any alleged representative proceeding or class action.
- Costs and Fees. If you claim seeks an award of less than £ XXXX, HELASEND will meet the cost associated with the arbitration unless the arbitrator identifies that the substance of your claim is brought for an improper purpose or the relief sought is deemed frivolous. If you succeed in arbitration you may be entitled to an award of solicitors' expenses and fees, to the extent provided under the applicable laws. HELASEND hereby waives all rights it may enjoy and will not seek to recover, solicitors' fees and expenses should it prevail in arbitration unless the arbitrator finds the relief sought or claim to be for an improper intention or trivial.
- Forum for Disputes. Except as is expressly agreed by both parties, you agree that any dispute or claim you may levy against HELASEND will be resolved by a court of law located in the GCC. You accept to submit to the jurisdiction of the courts located in the GCC, for the purposes of litigating all such disputes and claims.
- Improperly Filed Litigation. All claims preferred against HELASEND must be resolved in line with section 12 of these Terms and Conditions. All claims levied and filed contrary to the said section shall be deemed improperly filed and in breach of this Terms.
Should you file a claim contrary to section 12, HELASEND may recover solicitors' expenses and fees (including in-house solicitors and paralegals) up to £ 1,000.00 , granted that HELASEND has informed you in writing of the improper filing claim, and you have failed to swiftly withdraw the claim.
You acknowledge that this Agreement shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means: (i) your reports of transactions through the HELASEND Service; (ii) these terms and conditions including any modifications, amendments, or supplements to it; (iii) any periodic, initial, or any other notices or disclosures provided in connection with the HELASEND Service, including without limitation those required by law; (iv) any communications from customer service, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service or from HELASEND's agents or employees.
Communications may be provided to you through the use of prerecorded or autodialed message calls or text messages at the telephone number(s) that you provide us with. We may contact you directly or we may share your phone number with service providers with whom we contract to provide such Communications. Standard telephone minutes and SMS charges may apply. The software and hardware requirements for access to and retention of the Communications associated with the Service include a personal computer or other devices which are capable of accessing the Internet; an Internet Web Browsers; and a printer or other device capable of printing and/or retaining agreements and documents.
The Service does not allow for Communications to be provided in print format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you may use the unsubscribe from emails button available at the bottom of all our email communication sent to you.
- PCI-DSS Compliance. HELASEND is compliant and shall remain compliant with the Payment Card Industry (“PCI”) Data Security Standards to the extent we possess or otherwise store, process, or transmit your Payment Instrument data or other data subject to PCI obligations.
- Entire Agreement. The Terms and Conditions constitute the entire agreement between you and HELASEND and governs your use of the Service, superseding any prior agreements between you and HELASEND.
- No Waiver. The failure of HELASEND to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the Agreement as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect.
- Force Majeure. We shall not be liable for any failure or delay in the performance of the Service to the extent such failure or delay is caused by matters beyond our reasonable control, including, without limitation: changes in applicable laws; closure or unavailability of required physical and network infrastructure; sovereign default; power or internet failure; civil unrest; war; and earthquake, fire, flood, or other natural disasters.
- Modification. We may modify this Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of the Agreement at any time by reviewing this website. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this Agreement and acknowledge that any attempts by you to modify this Agreement shall be void.
- Other Terms. This Agreement may be supplemented by terms applicable to other promotions, our Referral Program, and other terms applicable to you based upon your use of the Service. These terms are incorporated into this Agreement by reference. To the extent that any of these terms are determined to be in conflict with this Agreement, this Agreement shall control.
Your security is of utmost importance to us, and we employ the use of an assortment of security protocols to ensure that you information is safe and secure. We implore you to think carefully prior to sending money to anyone that you may not know well. Particularly, you should exercise caution when taking up offers and deals that may seem too good to be true. If you have been or suspect that you are victim of fraud, do not hesitate to contact us immediately through all our available communication channels provided.
If you are aware of any entity or anyone that is using the HELASEND Service improperly, please email us at firstname.lastname@example.org. If you receive any sham (phishing) emails, purporting to be from HELASEND, please forward them to us at email@example.com.
These Terms and Conditions are drafted in the English language and translations may be provided in other languages if required. You agree that the English version of the T & Cs will prevail in the event of any inconsistency between the English and translated versions in any dispute related to these Terms and Conditions.
17. CONTACT INFORMATION
Questions, notifications, and requests for refunds or further information can be sent to HELASEND, as follows: online; by telephone at +447401234180 (outside the GCC, call +254741363346); or by e-mail at firstname.lastname@example.org