Terms and Conditions for Bank Transfer Service

7. Obligations and responsibilities

7.1 Obligations and responsibilities of Mi Envio

Subject to these T&Cs, we agree to provide the Service to you with reasonable care. The Service may not be available in whole or in part in certain regions, countries or jurisdictions.

We will endeavour to process Transactions promptly, but please note delays can occurr in processing Transactions, for a number of reasons including, but not limited to: our obligation to verify your identity; our process for validating payment orders; any contacts with you; compliance with applicable laws; or variations in business hours and currency availability.

Mi Envío will make every reasonable effort to ensure that the Website is available 24 hours a day, 7 days a week, without prejudice to the times set aside for receiving payment orders, which will be posted on the Website. However, given the complexity of the systems and networks used by Mi Envío, it is not possible to guarantee operation free of faults or interruptions. Notwithstanding the foregoing, Mi Envío will always seek to re-establish continuity of service as soon as possible.

Mi Envío may, for reasons of failure, system maintenance, technical problems, operational outages, hacking or any type of computer attack and, in general, due to any unforeseen circumstances or force majeure, modify, cancel, suspend and/or delete payment orders temporarily, thereby releasing Mi Envío from any liability that it may incur as a result of such unforeseen circumstances or force majeure.

Dependent on the value and destination of the transaction, Mi Envío may verify the identity of Users through KYC (Know your customer) service providers at the point of registration or with the instruction of subsequent transactions.

Mi Envío reserves the right not to provide you with any of the Services offered (and therefore any contract between you and Mi Envío shall be considered null and void) if, during the User verification process or when placing a payment order, any of the following circumstances are detected:

• we are unable to obtain sufficient evidence of your identity. In this regard, please note that Mi Envío will not accept any identity document that is not valid or acceptable to the official authorities in your country of origin;
• we are unable to verify the personal data you have provided us with;
• we have reason to believe that your communication with us (by whatever means) is incorrect, incomplete, unauthorised or forged;
• provides us with false, incorrect or incomplete information;
• your transaction is not delivered to us early enough to allow us to process the Transaction according to your request (for example: you request a same-day transfer to a country, but we receive your order after 5 p.m. CET);
• your transaction cannot comply with any regulatory or governmental authority requirements (when sending or receiving);
• in doing so, we may breach any law, regulation, code, internal rule or other duty that applies to us;
• in doing so, we may expose ourselves to action by any government or regulatory body.

In all such cases, but not limited to these, when you submit a Transaction you are requesting that we process the transaction on your behalf. Mi Envío reserves the right to decide, on a reasoned basis, whether or not to accept the offer to process that transaction. If we decide not to process the transaction, we will promptly notify you of that decision and refund any money you have paid to us, explaining our reasons for not processing the transaction.

As an authorised payment institution it is our responsibility and obligation to segregate your funds. We do so by placing the funds in a segregated account (known as a ‘safeguarding account’) at either:

• Raiffeisen Bank International AG (RBI), Austria or,
• Banco Bilbao Vizcaya Argentaria (BBVA), España.

As an authorised payment institution, funds held with us are not covered by the Financial Services Compensation Scheme. Instead the funds are held under the BDE’s recognised safeguarding guidelines, whereby we segregate your funds into a dedicated safeguarding account. This, which means those funds are segregated from our other assets so that in the event of our insolvency these funds will be available and used to repay you and other clients.

RBI (Raifeisen International Bank AG of Austria) and BBVA (Banco Bilbao Vizcaya Argentaria of Spain), which are both one of the largest banks in their respective countries) provide us with the safeguarding accounts. It should though be noted that they do not monitor the funds we place into the safeguarding accounts or how we operate these accounts.

Mi Envío also reserves the right to reject transactions from certain Users or for certain Recipients, including entities and individuals on restricted or banned lists issued from time to time by the government, supragovernmental bodies or any NGO or other list of suspected criminals, politically exposed or sanctioned persons. In this regard, please note that our KYC providers make appropriate checks.

Not all Payment Instruments are available to all customers at all times and Mi Envio may, in its sole discretion, refuse transactions funded with certain Payment Instruments.

In the event that Mi Envio chooses to use a third party Service Provider for the collection of funds or any other means of funds recovery, the terms and conditions of the Service Provider will apply. We will attempt to provide Senders and Recipients with up-to-date information on the location and opening hours of our Service Providers through information on our Website. However, you agree that neither Mi Envio, nor Transpaygo or Fonmoney, shall not be liable for any inaccuracies that may appear in such information or for any damages that may result from incorrect or incomplete information.

Mi Envio and/or Transpaygo may, without prior notice (except as required by law) and without incurring any liability to you, block your User account, or immediately terminate or suspend your access to our Services at any time, including, without limitation, if:

• attempts to transfer or debit funds from an account that does not belong to you;
• an account that does not have sufficient funds available or that has expired;
• the available credit line is insufficient from the credit card used for payment;
• we receive conflicting claims about ownership or the right to withdraw funds from a debit or credit card account;
• we experience attempts to tamper with, hack, modify or corrupt the security or functionality of our Website;
• we experience attempts to transfer funds derived from illegal proceeds which are considered money laundering;
• you have breached any term or condition of these T&Cs, or any representation or warranty you make under these terms and conditions is false;
• the User is insolvent or bankrupt;
• our team of Approval Officers, when analysing your transaction, detect any type of risk in your operation that may or may not be linked to Money Laundering or Financing of Terrorism or, in general, that involve any type of suspicion of being contrary to the applicable laws, rules or internal regulations.
• we have determined that your profile is inactive. In case of reactivation, you should contact customer service at [email protected].
• in general, if we detect misuse of our Website.

Mi Envio will not be responsible for:

• any failure to comply with your instructions as a result of circumstances which could reasonably be considered to be beyond our control;
• malfunctions in communications facilities which cannot reasonably be considered to be within our control and which may affect the accuracy or timeliness of messages you send to us;
• any loss or delay in the transmission of messages arising from the use of any internet service provider or caused by any browser or other software not under our control;
• errors on the Website or with the Service caused by incomplete or incorrect information provided to us by you or a third party.
• for the impossibility of carrying out payment orders due to errors or inaccuracies in the payment details of the Beneficiary; nor shall it be liable for damages resulting from loss of data, consequential damage, loss of profit, or any other loss or damage caused by negligence or breach by the User of the terms of these General Terms and Conditions of Contract.

This clause does not exclude or limit our liability for negligence or liability for fraud which may be directly attributable to Mi Envío.

Mi Envío accepts no liability for damages resulting from the non-payment or delayed payment of a money transfer to a beneficiary or if a transaction is not carried out under the service for any of the above reasons.

7.2 User Obligations and Responsibilities

To use the Services, you must first register and obtain an Account on the Website. You can do this by completing the relevant information on the registration screen on the Website. The personal information you need will depend on the amount you wish to send, the country you are in and the country to which you wish to send the money. We will try to process the opening of your account as quickly as possible and, if we have all the correct information, it will be almost immediate.

Likewise, as previosuly stated, the User must be of legal age.

In the event that we detect that the information received:

• is incomplete or does not provide all the detail we need;
• we do not obtain satisfactory or valid evidence of their identity;
• it is not possible to verify their identity with external providers;
• is inconsistent;
• is from a country where we have to take special care to identify senders and recipients;

we will have to employ further due diligence and investigation (e.g. by requesting additional information or documentation from you), and/or we will not be able to open the account immediately and/or we will retain the right to process this information whenever we deem it appropriate to decide on the opening of the account.

As stated in previous sections of these terms and conditions, it is your obligation to provide truthful, clear and accurate personal information during the registration process, and the User is solely responsible for the accuracy of the data provided. It is also the obligation and responsibility of each User to keep the information provided updated, informing us of any changes that may occur.

Likewise, it will be your responsibility to confirm, when requested after 6 months of inactivity, that the information provided is still accurate and truthful.

An account can only correspond to one User, and is personal and non-transferable. Mi Envío does not permit or accept the shared use of Accounts, and each Account must be used exclusively by the User who holds it, regardless of the relationship that exists between the two persons. If a customer wishes to use our Services, they must create their own account with their own details.

In close relation to the above, the User's identification data are not public, and each e-mail address and password must be used by a single user and are not transferable. The use of the password obtained on the Website by the User is the sole and exclusive responsibility of the User, who is therefore obliged to use it with due confidentiality and may not transfer or disclose it to third parties. For these purposes, Mi Envío will always assume that the instructions for the execution of a Service from a specific profile correspond to a valid and legitimate Service request created by the User who holds the account, who is solely responsible for the activities and contracts carried out under his or her Account.

The User may, at any time, request the change or recovery of his/her User password through the Website. For this purpose, the User must follow the procedure for changing or recovering the User password indicated on the Website.

In the event of loss, theft or robbery of the e-mail address or user password, as well as any risk of access to it by a third party, the User shall be obliged to change it via the Website and to immediately notify Mi Envio at [email protected].

Please note that your username and password can be used on www.fonmoney.com, as well as associated mobile applications. These T&Cs will apply to your use of the Services on any of these websites.

For each transaction you submit, the Service Fee will apply in addition to the amount of the transaction. Payment is due at the time you submit your transaction. If you place a payment order as a result of which Mi Envio, Transpaygo or Fonmoney incur any charges of any kind - which may include, but are not limited to, refunds or other charges - you expressly agree to reimburse Transpaygo or any of its subsidiaries for all charges incurred by Transpaygo or any of its subsidiaries.

When you send money in accordance with these terms and conditions, it is your responsibility to ensure that all details of the transaction are accurate before sending. Please note that once a transaction has been submitted for processing, it will not be possible to change any of its details. You will therefore be given the opportunity to confirm the details of the transaction prior to submission so that you can verify the information provided carefully.

In the event that you detect an error in the transaction details, you may email us at [email protected] to attempt to cancel your transaction, with the consideration again that, if the payment order has already been processed, we cannot guarantee the cancellation and refund of the transaction.

Mi Envío, Transpaygo or Fonmoney shall not be liable for any fees or charges you may incur for the use of a particular Payment Instrument to fund a transaction. These may include, but are not limited to, unauthorised charges imposed by banks if there are insufficient funds in your bank account or "cash advance" charges and additional interest that may be imposed by credit card providers if they treat your use of the Service as a cash transaction rather than a purchase transaction.

You will only use the Service to send money to people you know personally and not to pay for goods or services. If, in breach of this clause, you choose to pay third parties for goods and services through the Website, you expressly acknowledge that Mi Envio has no control over and is not responsible for the quality, safety, legality or delivery of such goods or services and that such use of the Service is at your own risk. If Mi Envio reasonably believes that you are using the Service to purchase goods or services, we reserve the right to cancel your transaction(s).

Both you and the recipients of transactions shall act solely and exclusively on your own behalf. You may not send or receive a transaction on behalf of a third party. In the event that you wish to send or receive a transaction on behalf of a legal entity, business or any entity other than an individual, you will first inform Mi Envio of your desire to do so and provide any additional information about the entity that we may request in order to reliably identify the beneficial owner and other information necessary for us to ultimately assess whether the transaction should be approved or declined.

By using the Service, you will comply with these terms and conditions, as well as any applicable laws, rules or regulations. It is a breach of these terms and conditions to use the Service to send money (i) to a Recipient, knowing that the Sender has breached the Terms and Conditions, or (ii) in connection with illegal activity including, but not limited to, money laundering, fraud and/or the financing of terrorist organisations. If you use the Service in connection with illegal activity, Mi Envio will be obligated to inform the appropriate legal authorities.

When using our Website or the Service or interacting with Mi Envío, another User or a third party, you may not:

• violate these Terms and Conditions, or any other agreement between You and Mi Envio;
• open more than one account, without our prior written consent;
• provide false, inaccurate or misleading information;
• allow anyone else to access your registration details and use your account, keeping them secure at all times;
• refuse to provide confirmation of any information you provide to us, including proof of funds, residency, identity, etc.;
• refuse to cooperate with any internal investigation, e.g.: refuse to provide us with additional documentation when requested (please note that during the provision of the Service, if we require additional information or documentation from you, you are free to provide it to us or not. However, Mi Envío reserves the right to cancel and refund your transaction if you refuse to cooperate with us);
• use an anonymous proxy (a tool that attempts to make activity untraceable); or copy or monitor our Website using any robot, spider or other automatic device or manual process, without our prior written consent;
• breach any law, regulation or internal rules;
• infringe any of the intellectual property rights of Mi Envío, Transpaygo or fonmoney;
• act in a way that is unlawful, harassing or threatening;
• sending or receiving potentially fraudulent funds, or funds derived from unlawful activities or intended to be used for the payment of unlawful activities;
• disclose another User's information to a third party or use such information for marketing purposes;
• provide any viruses, Trojan horses, worms or other computer programming routines that may damage, interfere with or expropriate any User's system, data or information;
• disclose the User's password to another person or use another person's password;
• or generally misuse our Website.

Mi Envio may, where necessary to provide the Service, store all information required from a Recipient to prove their identity or associated with their specific transaction. Such proof may include an appropriate form of valid and current identification from a list of acceptable documents provided by the service provider, and/or a transaction tracking number, a personal identification number (PIN), a "password", a "secret word", or other similar identifiers.

You agree not to use the Services or the Fonmoney portal for any illegal activity, and Mi Envío reserves the right to investigate any suspicious activity or in response to any reported complaint or violation. When investigating any such activity, Mi Envio reserves the right to report the suspected illegal activity to any appropriate person or body and provide them with any relevant information, including personal details.

The User declares that he/she is aware and accepts that he/she may not assign all or part of any of the rights or obligations arising from these T&Cs without prior written authorisation from Mi Envío; and expressly authorises Mi Envío to assign all or part of the rights or obligations arising from these terms and conditions to its parent company or any of its subsidiaries or related companies. Assignment to any third party other than those indicated above shall require the prior written authorisation of the User.

The User accepts responsibility for any damages arising from the use of the Website for purposes contrary to the law, good customs, public order and current legislation, releasing Mi Envío, its administrators, employees and representatives from any liability.

The User acknowledges and accepts that Mi Envío and/or the entities through which Mi Envío processes payment orders may require additional information about the User, the payment order or the Beneficiary of the payment order, and the User undertakes to provide this information to Mi Envío in due time and form.

7.3 Right of withdrawal, cancellation, reimbursement and claims

All Users have the right to request a refund of their payment order, which will be made to the extent that the payment order has not already been processed by us. In this regard, we will refund you any excess amount that we receive as a result of any breach of our agreement with you (this means that, for example, where a money transfer has failed or has been delayed, you are entitled to be refunded the Transaction Amount and the Service Fee).

If you contact us at www.fonmoney.com/contacts/ or [email protected], we will inform you of your rights to reimbursement or compensation.

Please note that according to the provisions of article 103 of Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Users, the right of withdrawal shall not apply to contracts relating to the provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by us, he will have lost his right of withdrawal.

In the event of any reimbursement of the amounts received by the User, such reimbursement shall be made using the same means of payment used by the User, unless otherwise stipulated. Any claim for reimbursement may only be requested by the registered User and holder of the Fonmoney Account. In the event that the User expressly indicates that he/she wishes to receive the refund in an account other than the one associated with the credit card with which he/she paid the amount of the payment order, Mi Envío will request proof of ownership of the bank account where he/she wishes to receive the money, which must in all cases coincide with the User who is the holder of the Fonmoney Account.

When you send a money transfer to a Recipient who is not registered with us, you accept the provisions of this clause not only for yourself but also on behalf of the Recipient.

You agree to cover and hold harmless Fonmoney Chile, and the Transpaygo Group generally, as well as any of its subsidiaries, affiliates, officers, directors, employees, agents, independent contractors, advertisers, partners and co-branders from any loss, damage, claim, action or demand, including reasonable legal costs, arising out of your use or misuse of this Website or Service, all activities that occur under your password or account email login, your violation of these Terms and Conditions or any other violation of the rights of another person or party.

In no event will Mi Envio S.L, or the Transpaygo Group Limited, be liable for:

• any failure to carry out your instructions as a result of circumstances which could reasonably be considered to be beyond our control;
• failures in communications facilities which cannot reasonably be considered to be within our control and which may affect the accuracy or timeliness of messages you send to us;
• losses or delays in the transmission of messages arising from the use of any internet service provider or caused by any browser or other software not under our control;
• errors in the website or the Service caused by incomplete or incorrect information provided to us by you or any third party.

Please be advised that in the event of financial difficulties, court-ordered restructuring or insolvency, Transpaygo Group holds your funds in segregated safeguard accounts. This means that, even in these circumstances, the funds will be sent to the indicated recipient or reimbursed to the user, net of fees and surcharges, as soon as possible and via the method by which payment was made, such as credit card or bank deposit.

Nothing in this clause shall (a) exclude or limit our liability for death or personal injury resulting from our negligence; or (b) exclude liability for our fraud.