Terms and Conditions
Published on 12/01/2018
Lebara Money Online Terms and Conditions (English law version)
THESE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR ACCESS TO AND USE OF THE LEBARA MONEY ONLINE WEBSITE AND THE SERVICES AVAILABLE ON THE LEBARA MONEY ONLINE WEBSITE AND APP.
This Agreement is a contract between you the individual sender of money transfer (“You” or “Sender”) and Lebara Money Ltd. (“We” or “Lebara”) and applies to your use of the Lebara Money services (the "Services").
You will be introduced to the Services through another Lebara Group entity, Lebara Media Services Limited, who through its introductions, will seek quotes from Lebara of the types of offers you might receive through accessing the Services. Lebara Media Services Limited is not involved in the provision of money transfer services nor the provision of the intermediary services in respect of the money transfer services, vis-à-vis the Services. Lebara Media Services Limited will charge Lebara a fee (payable by Lebara, not you) for introducing you to the Services. By registering for the Services, you must read, agree with and accept all of the terms and conditions contained in this Agreement. This Agreement is provided to you and concluded in English. You agree that any use by you of the Services shall constitute your acceptance of the Agreement and we recommend that you store or print-off a copy of the Agreement (including all policies) for your records. We will send a copy of the contract to you at your written request.
Please read this Agreement carefully and make sure that you understand it fully before using the Services. Please note that if you do not accept this Agreement, you will not be able to use the Services.
1.1 Lebara Money is only a Payment Service Provider.
1.2 Lebara Money Services are operated by Lebara Money Limited. registered in England and Wales (company number 097531115) with its registered office at c/o Legal Department, 25 Copthall avenue, London EC2R 7BP. Lebara Money is an authorised payment institution by the UK Financial Conduct Authority (FCA) with reference number 746677.
1.3 Lebara will communicate with you mainly electronically unless we are required by law or regulatory requirements to communicate in another way. By accepting this Agreement you agree that we can communicate with you electronically, if you do not wish to receive communications electronically, you shall not use the Service.
2.1 You must be at least 18 years old to use the Lebara Money Service. You further represent and warrant to us that if you are an individual and you use the Services, you are not acting on behalf of an undisclosed principal or a third party beneficiary. By completing the information required to send a money transfer, by providing access to the funds to be sent as well as identification as required and by accepting the Terms and Conditions, You consent to the execution of the money transfer. You are required to inform the party you are sending the funds to (the “Receiver”) about the money transfer.
2.2 The Services consist of completing the legal and financial actions necessary to ensure the transfer of funds from an account nominated by You to a separate account from which the recipient of the funds identified by You can access those funds.
2.3 By using, or attempting to use the Service in any capacity, you are acknowledging that you (i) accept the terms of these Terms and Conditions and (ii) have read all the terms relating to the Transfer and all information as described in the online sign-up form.
2.4 In order to use the Service, you must have a Lebara Money Account (the "Account"). In registering for your Lebara Account, you will create a “User ID” and password, and enter certain personal information, including your e-mail address. Your user name is used for identification purposes. Lebara will share some of the information you provide with it Partners for the purposes of completing your money Transfer. For any future Transfers you should use your existing Account, using your User ID and password to login. All information provided by you shall be stored in your Account which shall be operated by Lebara or any company or companies engaged by Lebara to provide the Service ("Service Providers"). You must ensure that all information stored in your Lebara Account is complete, up-to-date and correct. You agree to promptly update your Account if your email address or other information in your Account changes. Please follow the instructions on the Lebara website to update your Account.
2.5 Duplicate Accounts - Lebara may refuse creating duplicate accounts for the same user due to security and client identification requirements. In a case where duplicate accounts are detected, Lebara reserves the right to close or merge these duplicate accounts without notification to You.
2.6 You can only send money from the UK to another country that is listed and enabled in our APP/Website ("Receiving Country"). The list of the Receiving Countries will be updated periodically. Lebara reserves the right to cease providing the Services in any of the countries at any time and without any notice to You. The funds will be paid onto the Recipient bank account in the Receiving Country stated in the online form. Once your Transfer has been accepted and the money has been collected from your debit card or prepaid card, the Transfer is sent for payment onto the Recipient bank account in the currency stated in the online form. We will not contact the Recipient when funds become available on his account.
2.7 Applicable law prohibits money transmitters from doing business with certain individuals and countries; Lebara Money is required to screen all transactions against lists of names provided by the governments of the countries and territories in which we do business, including, but not limited to, the US Treasury Department's Office of Foreign Assets Control (OFAC) and the European Union. On occasion, customers are required to provide additional identification and other information, delaying transactions. This is a legal requirement for all transactions processed by Lebara (inclusive of transfers that originate and terminate outside of the US).
2.8 Unless applicable law in the destination country requires otherwise, the Sender will bear all fees for the money transfer. In certain cases, payment of a money transfer may be subject to local taxes and service charges. For account based money transfer, the Receiver may incur additional fees for receiving the Sender's funds through a mobile telephone or to an account.
2.9 Please note that for some of the destination countries, for operational reasons, we will round up/down the final amount received by the receiver to the closest whole number.
3.0 We will allow you to use payment initiation service providers and account information service providers insofar as prescribed by applicable laws and regulations.
3.1 Our agreement with you is that we will take reasonable care to provide the Service. As such, we agree to provide you with the money transmission and the related information facilities described from time to time on our website and our APP.
3.2 We do not accept any responsibility to you for:
3.2.1 malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;
3.2.2 any losses or delays in transmission of messages arising out of the use of any Internet access service provider or caused by any browser or other software which is not under our control;
3.2.3 the services provided to you by your card issuer;
3.2.4 viruses caused by third parties;
3.2.5 errors on the Site or with the Lebara Money Online Service caused by incomplete or incorrect information provided to us by you or a third party;
3.2.6 any unauthorised use or interception of any message or information before it reaches the Site; or
3.2.7 any unauthorised use of or access to data relating to you or your transactions which is held by us (unless such use or access is caused by our negligence, fraud or failure to comply with laws relating to the protection of your data);
3.2.8 the contractual relationship between us does not extend to the benefit of the Receiver and the Receiver does not have an independent right to demand payment
3.3 We have no obligation to you to initiate or perform a money transfer or other transaction as part of the Lebara Money Online Service if:
3.3.1 We are unable to obtain satisfactory evidence of your identity;
3.3.2 we have reason to believe that the transaction message is incorrect, unauthorized or forged;
3.3.3 you provide us with incorrect or incomplete information or if your transaction message is not given to us sufficiently in advance to allow for timely provision of the requested transaction; or
3.3.4 your card issuer does not authorise your use of your bank card for payment of the transaction and our related charges, and we do not accept any liability for damages resulting from non-payment or delay in payment of a money transfer to a Receiver or failure to perform a transaction under the Service by reason of any of these matters.
3.4 We may refuse to provide the Service (in whole or in part) to you if to do so may breach any applicable law, order of a court or requirement of any regulatory or governmental authority, body or agency having jurisdiction over us, or if we otherwise consider such action necessary to protect our interests. However, if we refuse to provide the Service (in whole or in part) for any of these reasons, we will wherever practicable notify you that we have done so and, unless we are prevented from doing so for some legal reason, we will explain why we have done so.
3.5 We will attempt to process transactions promptly, but any transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your transaction instructions; to contact you; or otherwise to comply with applicable law; or due to variations in business hours and currency availability.
3.6 We may suspend the operation of our website/APP or the Service in whole or in part if, in our absolute discretion, we consider it appropriate to do so by reason of any circumstances beyond our control. We undertake that if the services provided by our website/APP or the Service is interrupted (whether by us, any third party service provider or otherwise) for any reason we will take reasonable care to minimise the duration of any interruption. Provided we comply with this undertaking, we shall not be liable to you or any third party, including without limitation, the Receiver, for any loss or liability which may be suffered or incurred by you (or any third party) as a result of any such interruption, even if caused by our negligence, except where any such interruption is caused by our fraud.
3.7 We reserve the right to change the Service without notice. Lebara may refuse to provide the Service to any person without giving a reason, in particular to prevent fraud, money laundering or terrorist financing or to comply with any applicable law, order of a court or requirement of any regulatory or governmental authority.
We may change our Terms and Conditions from time to time without notice to You, except as may be required by applicable law. You can review the most recent version at any time on our website and on our APP. 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. Your responsibility to us.
4.1 You will not access, use or attempt to use the Service as a Sender unless you are at least 18 years old, and that you have the legal capacity to form a binding legal contract in the relevant jurisdiction.
4.2 When you are sending money under these Terms and Conditions, it is your responsibility to make sure all the transaction details are accurate before submission. Once a transaction has been submitted for processing it is not normally possible to change any of its details. You will be given the opportunity to confirm transactions before submission and you must check the details carefully.
4.3 You agree to pay our charges for each money transfer or other transaction which you initiate or request under the Service. Clear information explaining our charges can be viewed on our website, which provides the estimated cost of sending an online money transfer (inclusive of tax). Our fees are also visible on the APP/Website. Each time you will use the APP/online service to transfer money, the exchange rate and the fee we are charging for the Service will be made available to you before the transaction is completed.
4.4 You must pay for the principal amount of a money transfer and our charges by using a bank card or via your bank account (where available). Each time you use the Service, you agree that we are authorised to charge your card issuer or your bank account (for account based transfers) for the principal amount of any money transfer and our charges relating to the relevant transaction before we perform the money transfer or other transaction. The amount that we will charge to your card issuer or your bank account will be notified to you prior to the final authorisation of the transaction.
4.5 You acknowledge and agree that:
4.5.1 You will only use the Service only for bona fide and lawful purposes. You may not use the Service to conduct gambling activities or any illegal activity. You cannot execute a Transfer on behalf of a third party or by using third party means of payment.
4.5.2 when you register with us, you will provide us with true, accurate, current and complete information;
4.5.3 you will maintain and promptly update such information to keep it true, accurate, current and complete;
4.5.4 you will not initiate a money transfer or other transaction under the Service in breach of these Terms and Conditions or any other restriction or requirement of use described on Lebara Money WebSite; and
4.5.5 you are responsible for the security of your password and e-mail account log-in in accordance with clause 8 below;
4.5.6 You will not breach these Terms and Conditions;
4.5.7 You will not open more than one Lebara Account, without our prior written approval;
4.5.8 You will not copy or monitor our website using any robot, spider, or other automatic device or manual process, without our prior written permission.
5.1 UK law requires all financial institutions to obtain, verify, and record identifying information about all its customers. We may therefore require you to supply us with personal identifying information and we may also legally consult other sources to obtain information about you.
5.2 We are required to verify your personal details in order to confirm your identity and We may also use a recognised agency for this verification process. We may also pass your personal information to a credit reference agency and fraud prevention agency, which may keep a record of that information. This is done only to confirm your identity, a credit check is not performed and your credit rating will not be affected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
5.3 By accepting this Agreement You authorise us to make any inquiries we consider necessary to validate the information that you provide to us. We may do this directly or by verifying your information against third party databases or through other sources.
5.4 We may be required by law to provide information about you and your transactions to government or other competent authorities. You acknowledge and consent to us doing this.
6.1 You must pay the fee charged to you to complete a Transfer as stated in the online form (the "Consumer Fee"). You will not be charged any other fee for the Transfer executed by us. For each Transfer you initiate, you authorise Lebara (or any one authorised by Lebara) to take payment from your payment card for the Transfer amount plus the Consumer Fee. Please note that in addition to the Consumer Fee applicable to a Transfer, a currency exchange rate may also be applied.
6.2 We will have no responsibility for any fees or charges you may incur by the use of a particular payment instrument to fund a transaction. These may include but are not limited to unauthorised overdraft fees imposed by banks/card issuers if there are insufficient funds on your card or in your bank account or "cash advance" fees and additional interest which may be imposed by card providers. If you are paying by debit or Prepaid Card and there are insufficient funds in your account, your financial institution may charge you a fee. They may also allow the payment by way of an unauthorised overdraft on your account, and charge a fee and or interest.
6.3 The financial institution that provides you with your payment card may impose fees in connection with your payment for a Transfer. Fees imposed by your financial institution or by any other person not directly a party to the Transfer, such as the Recipient's financial institution, will not be reflected in the confirmation e-mail sent to you containing information about the Transfer ("Receipt"). In addition, it is possible that other taxes or costs may apply to the Transfer that are not imposed by, or paid through Lebara.
6.4 You can only send money and it can only be received, in currencies available through the Service. You will be given a quote for the applicable exchange rate, if any, before each transaction. The quote will specify which payout currency is available in the Receiving Country and (if different to the currency in which you pay us) the exchange rate that will apply. Your chosen currency, the agreed exchange rate and the converted amount will be stated in the online form and in the Receipt. The quoted exchange rate may change at any time until you complete the Transfer. You will be informed of any changes in the exchange rate and converted amount before you confirm the Transfer.
6.5 You are responsible for Lebara's reasonable costs and losses if we make a Transfer and are unable to collect payment for the Transfer from your payment card, or that payment is later reversed by your card provider.
6.6 If a Transfer is not authorised by you, we will immediately issue a refund, unless one or more of conditions (a), (b) or (c) below apply. You will not be responsible for the Transfer, unless: (a) it can be proven that you have acted fraudulently; (b) you did not tell us that your Lebara Account security details (including user name and/or password) had been or might be misused before the payment was made, and it can be proven that you have been grossly negligent in not keeping those details safe or you deliberately did not keep them safe; or (c) you have failed to keep your Lebara Account security details safe, without being grossly negligent, and in this case you will only be responsible for the first GBP £35 of costs and losses arising before you tell us about the unauthorised transaction.
7.1 Subject to local regulations, there are limits on how much you can send. We will communicate them to you, as necessary. We may refuse to send the Transfer, or not allow for it to be paid if your Lebara Account has been closed or we reasonably believe that: (a) by doing so we might breach any applicable law, regulation, code or other duty that applies to us; (b) doing so may expose Lebara to action from any government or regulator; or (c) it may be linked with fraudulent or illegal activity.
7.2 Unless the law prevents us, you can call to get the reasons of our refusal and how you can put right any errors that led to our refusal. If you prefer (and the law allows), or if the law requires, we will return the money to you.
8.1 If you have any problems using the Service you should contact our customer service, through the channels listed on our website.
8.2 You have the statutory right to cancel your agreement with us after you have submitted a transaction. This right of cancellation continues until 14 days after you have submitted the transaction, or until we have completed the contract by sending the funds to the Recipient, whichever is the earlier. If you exercise your right to cancel under this clause, we may make a cancellation charge.
8.3 If you wish to exercise your right to cancel under this clause, you must submit a written request to one of the contact points listed on our website, giving the Sender's full name, address, and phone number, together with the transaction tracking number, transaction amount, and the reason for your refund request.
8.4 Any refunds will be credited back to the same mean of payment used to fund the transaction and in the same currency. No adjustment will be made for any currency fluctuations which may have occurred in the meanwhile. Please note that any such refund will take several days to be received and this period is out of Lebara's control.
8.5 A refund will only be made if, by the time you requested the refund the funds were actually collected from your card/bank account and if there is no suspicion of fraud or any other illegal activity.
In case you would like to make a complaint or to report a lost or stolen payment instrument please email us on [email protected] or call us (Monday-Friday 10:00-19:00, excluding Bank Holidays) on 08006406303. We will endeavour to handle your complaint fairly and quickly, however, if you are not satisfied with the outcome, you may contact the Financial Ombudsman Service at Exchange Tower, London E14 9SR; telephone: 0800 023 4567 (landline users) or 0300 123 9 123 (mobile users) and e-mail: [email protected]
10.1 We will refund to you any benefit which we receive as a result of any breach of our agreement with you or other wrongdoing (this means that, for example, where a money transfer has failed in such circumstances we will refund to you the principal sum and the service charge).
10.2 If a money transfer is delayed or fails, you may have a right to receive a refund or compensation under laws relating to the provision of international money transfer services. We would be happy to provide you with the details of your rights to a refund or compensation. This will not apply in the case that the transfer was failed or delayed due to (i) wrong details provided by You; (ii) We are required to delay or cancel the transaction due to a regulatory requirement.
10.3 If any loss which you or a Receiver (who is not registered with us) suffers is not covered by a right to payment under the laws referred to in clause10.2, we will only accept liability for that loss up to a limit which is the greater of: (a) the amount of any service charge; and (b) € 500, unless otherwise agreed by us in writing. Our cap on our liability only limits a claim for loss arising out of any single transaction or related transactions, or (if a loss does not arise out of a transaction or transactions) any single act, omission or event or related acts, omissions or events. This means that if, for example, you suffer loss by reason of our failure to perform our agreement with you under two unrelated transactions, You might be able to claim up to €1000. We do not, in any event, accept responsibility for any failure to perform your instructions as a result of circumstances which could reasonably be considered to be outside our control.
10.4 Any claim for compensation made by you must be supported by any available relevant documentation.
10.5 We do not, in any event, accept responsibility for:
(i) any failure to perform your instructions as a result of circumstances which could reasonably be considered to be outside our control;
(ii) malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;
(iii) any losses or delays in transmission of messages arising out of the use of any internet service provider or caused by any browser or other software which is not under our control;
(iv) errors caused by incomplete or incorrect information provided to us by You or a third party
10.6 Nothing in this clause shall (a) exclude or limit liability on our part for death or personal injury resulting from our negligence; or (b) exclude liability for our willful misconduct, gross negligence or our fraud.
10.7 Your relationship is with Lebara Money Limited only. You agree that no affiliate or agent of Lebara Money Limited owes you any duty of care when performing a task which would otherwise have to be performed by Lebara Money Limited under these Terms and Conditions.
11.1 A Transfer made in conjunction with the initial application for a Lebara Account is subject to your identity and funding information verification.
11.2 Due to circumstances beyond our control, such as exchange control regulations of the Receiving Country, Transfers to certain destinations may be subject to delay or to restrictions imposed under the laws of the Receiving Country.
In order to collect the money and complete a Transfer, the following must be provided (i) Sender Identification details; (ii) the Recipient’s details from the online form; and (iii) details of the Transfer amount.
13.1 Lebara will send the Transfer monies to the bank account you specify on the online form. If the account is held in the EEA, the account provider (e.g. bank) will usually receive the money within 3 business days (being Monday to Friday, but not public holidays) after you asked us to send it. Otherwise the account provider will receive the money within four business days after you asked us to send it. In any event, this is outside of our control and we will not be liable for any delays in the receipt of the funds.
13.2 In case you chose to send the funds on a later date, by using our offer of locking the currency exchange rate and delay the execution date of the transaction (for up-to 30 days) (a "Deferred Transfer") – you will be able to cancel such Deferred Transfer up to 11:00 PM (23:00) the day before the planned execution date you have chosen. The fees for such cancellation of a Deferred Transfer will not be refunded. The fee for a Deferred Transfer will be charged on the day the rate was locked by you. The transaction amount will be charged and sent to the beneficiary on the later date you chose (this will be automatically charged on the dated you chose, unless you cancelled the transaction as described above).
14.1 Records of your Transfers will be posted in your Lebara Account. You may access the record at any time by logging in to your Lebara Account.
14.2 You should regularly check for information about Transfers on our website and on your card statements, and you should contact us AT ONCE if you need to query any Transfer made through the Service. If you call us we may ask you to follow up with details in writing within 10 business days.
16.1. All promotions offering benefits to our users and potential users, such as bonuses, credits and other special offers (collectively, “Lebara Money Credits”) that we offer or may offer in the future are subject to specific promotional terms and conditions pursuant to which such Lebara Money credits must be used. All Lebara Money Credits shall expire when your Lebara Account is closed (either by you or blocked/closed by Lebara) or such other term as may be determined by Lebara Money in its sole discretion from time to time. If so determined by Lebara Money, such Lebara Money Credits shall be deducted from your Lebara Account upon or following the expiration date. Certain promotions may not be available in certain countries or for certain destinations, as shall be determined by us at our sole discretion.
16.2. At all times, we reserve the right to deny, withhold or withdraw any promotion at our sole discretion at any time. In addition, if we suspect that a user (whether alone or with others) has manipulated or abused (or attempted to do so) a promotion and/or Lebara Money Credits and/or otherwise acted in bad faith towards us then, we reserve the right, at our sole discretion, to: (i) deduct or remove any or all of such Lebara Money Credits from the associated Account(s), (ii) deny, withhold or withdraw from that user such promotion and any future promotion; and/or (iii) block, suspend or terminate the Services or any portion thereof with respect to such user(s), temporarily or permanently.
16.3. From time to time, Lebara Money may grant you Lebara Money Credits with which you can use while using the Services and in accordance with the terms of the specific promotion. All Lebara Money Credits may never be withdrawn/cashed out by you. You will not be able to transfer the Lebara Money Credits with no additional funds of your own – you can only use the Lebara Money Credits and transfer them together with your own funds (the minimum amount will be communicated to you and might be changed by us from time to time).
16.4. In case of a refund of a transaction in which Lebara Money Credits were used, you will not lose your Lebara Money Credits and they will be placed back in your Lebara Account.
16.5. Term and conditions for specific promotions can be found here: click here
17. The fee for the Services is calculated, inter alia, based on the transferred amount. The fee for transactions in which Lebara Money Credits are used will be calculated based on the entire transferred amount (including the Lebara Money Credits that were used in such transaction). General Information
17.1. This Agreement constitutes the entire agreement regarding your use of the Service, and supersedes any prior agreements between you and Lebara to the extent that they might otherwise apply to the Service. Otherwise, any such other agreements remain in full effect in accordance with their terms.
17.2. Lebara will report Transfers to any government authorities if required to do so by law.
17.3. If a Transfer was not made properly or never arrived, we will investigate and do what we can to find the destination of the money (and call or write to tell you of the outcome) if you ask us to. Where there was a mistake in the Recipient's details you gave us, we will make a reasonable effort to recover the money.
17.4. English law applies to this Agreement (and to any dealings with you with a view to entering into this Agreement), and English courts have exclusive jurisdiction for any disputes. In the event of any conflict between the English version of the Agreement and any translated version of the Agreement, the English version of the Agreement shall govern and we will communicate with you in English.
17.5. Please note that if you use any other service that is provided by any of any other company in the Lebara Group (such as mobile, talk or play) – you also agree to additional terms and condition – please click here to review.