1. INTRODUCTION

This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the money transfer services (the Services) listed on this website (the Website) to you. Please note, in these Terms and Conditions our use of the term ‘Services’ includes, without limitation, money transfer services, money remittance services, international money remittance services and Payment Services in accordance with Schedule 1 Part 1 of The Payment Services Regulations 2017 And Mobile TopUp, Mobile Credit Purchase, prepaid mobile and/or data airtime. Before confirming your order please:

• Read through these terms and conditions (the Conditions) and in particular our cancellations and returns policy at clause 11 and limitation of our liability and your indemnity at clause 15
• Print a copy for future reference.
• Read our privacy policy regarding your personal information.

By ordering any of the Services listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.

We reserve the right to revise and amend the Website, our disclaimers, and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.

2. ABOUT US

This Website or Mobile App is owned and operated by HB Money Transfer/HAFIZ BROS TRAVEL & MONEY TRANSFER LIMITED (we/us/our), a private limited company registered in Scotland, United Kingdom under company number: SC300349 having our registered office at, 144 Calder Street, Glasgow G42 7QP, United Kingdom.

We are a member of, and regulated by, the Financial Conduct Authority (FCA), a regulatory professional body for the purposes of regulating our Payment Services activities in accordance with the Payment Services Regulations 2017. We can be identified on the FCA Register by our registration number: 564945. We are regulated by the FCA and HMRC. The professional conduct rules and regulations can be found at http://www.fca.gov.uk.

In Canada, we are licensed as Money Service Business by FINTRAC. Our MSB Registration number is C100000042. We are licensed by FINTRAC to provide Money transferring services.

3. COMMUNICATIONS

You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

We will contact you by email or provide you with information by posting notices on our website or Mobile App.

4. OVERSEAS ORDER

Our Website and Mobile App for Canada is intended for use by customers resident in Canada.

You must comply with all applicable laws and regulations of the country for which the Services are destined. We will not be liable for any breach by you of any such laws.

5. REGISTRATION

By registering on the Website or Mobile App, you undertake:

• That all the details you provide to us for the purpose of registering on the Website and purchasing the Services are true, accurate, current, and complete in all respects.
• To notify us immediately of any changes to the information provided on registration or to your personal information.
• That you are over 18 or if under 18 you have a parent or guardians’ permission to register with and purchase the Services from this Website in conjunction with and under their supervision.
• To only use the Website using your own username and password
• To make every effort to keep your password safe
• Not to disclose your password to anyone
• To change your password immediately upon discovering that it has been compromised
• To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
• To provide us with correct, accurate, complete, and truthful details concerning
• • the money remittance transaction or transactions you instruct us to remit,
  • the payee or receiver’s correct, true, accurate and complete details, including name, address, bank account number and any other information concerning the payee or receiver we require from time to time,
  • your full name, address, bank account number and any other information we require of you from time to time, and
  • any other information we request of you prior to us completing the Services
• Not to use our Services to commit fraud, money laundering, financial crime, financing terrorism or any similar activities. You expressly agree that we have an immediate right to immediately cancel any Services or account provided to you, without notice to you, and to report it to the appropriate policing or regulatory authority, where we suspect or detect that any crime is being committed by you, the payee or receiver or any third party on your behalf.
• You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
• We reserve the right to terminate an agreement formed with you pursuant to clause 9 below and to suspend or terminate your access to the Website immediately and without notice to you if:
• You fail to make any payment to us when due
• You breach these Conditions (repeatedly or otherwise)
• You are impersonating any other person or entity
• When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
• We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website

6. ELIGIBILITY TO PURCHASE FROM THE WEBSITE

6.1. To be eligible to purchase the Services on this Website and lawfully enter into and form contracts with us, you must:

• 6.1.1. Be 18 years of age or over.
• 6.1.2. Be legally capable of entering into a binding contract.
• 6.1.3. Be physically present in the territory of Canada at the moment of completing your transactions unless travelling outside of Canada on a temporary basis.

6.2. Provide full details of an address in Canada. If you are under 18, you may only use the Website / Mobile App in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website / Mobile App.

6.3. Identification requirements for Online Payment:

• 6.3.1. Valid Photo identification (Passport or Driving License) Coloured and Clearly readable scan – Visa scan is required along with it if you have a non-British passport.
• 6.3.2. Address Verification (any valid utility bill / bank statement or council tax bill — please note that the bills should be at least 90 days valid).
• 6.3.3. Your complete contact details.

6.4. Please find that HB Money Transfer/HAFIZ BROS TRAVEL & MONEY TRANSFER LIMITED is authorized to verify your provided documents for identification purpose with independent online source to confirm the validity/authenticity.

6.4.1. Also note the following:

• (i) This membership is not meant to be operated for business purposes.
• (ii) Your requests may require a minimum of 2 working days in order to be verified and processed.

7. PRICE

7.1. The prices of the Services are quoted on the Website / Mobile App.

7.2. Prices quoted are for performance of the Services in Canada unless otherwise specified.

7.3. Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered).

7.4. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Services to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in any other costs of third party services). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before we have commenced providing the Services.

8. PAYMENT

8.1. Payment can be made by any major personal (not commercial) prepay, credit or debit card or through an electronic payment account as explained on the order form.

8.2. By placing an order, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the order form.

8.3. Payment will be debited and cleared from your account before the provision of the Service to you.

8.4. When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third-party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.

8.5. By accepting these Conditions, you:

• 8.5.1. Undertake that all the details you provide to us for the purpose of purchasing the Services are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Services ordered.
• 8.5.2. Undertake that any and all Services ordered by you are for your own private or domestic use only and not for resale.
• 8.5.3. Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention.

8.6. We shall contact you should any problems occur with the authorisation of your card.

8.7. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our website.

9. ORDER PROCESS AND FORMATION OF A CONTRACT

9.1. All orders are subject to acceptance and availability. If any Services ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.

9.2. Any order placed by you constitutes an offer to purchase the Services from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.

9.3. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.

9.4. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Services ordered by you from the Website.

9.5. A contract between you and us (the Contract) incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we shall be providing the requested Service or made it available to be downloaded. We will send you an email to confirm this (a Confirmation Notice). The Confirmation Notice will amount to an acceptance of your offer to buy the Services from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).

9.6. Where we agree to supply Services to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time (the Minimum Duration). The length of the Minimum Duration will depend on which package or product you have selected to purchase and is provided on the Website.

9.7. The Contract will relate only to the Services stated in the Confirmation Notice. We will not be obliged to supply any other Services which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.

9.8. You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.

9.9. You will be subject to the version of our policies and Conditions in force at the time that you order the Services from us, unless:

• 9.9.1. Any change to those policies or these Conditions is required to be made by law or governmental authority.
• 9.9.2. We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice.

9.10. In some cases, we accept orders from agents on behalf of customers. The resulting legal contract is between you and us, and is subject to these terms and conditions, which the agent will advise you of directly. You should carefully review these terms and conditions as they apply to the transaction.

10. DELIVERY

10.1. The Services will be provided to you and delivered to the receiver or recipient at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders. We may where appropriate and at our option, deliver all or part of the remittance, to the account number, or account name, or telephone number or email address you supplied on registration or such other account name or account number or telephone number email address that we agree to use for the purposes of remitting the funds to the receiver or to communicate with you or the receiver.

10.2. Any dates quoted for completing performance of the remittance service are approximate only. If no date is specified, then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice unless there are exceptional circumstances.

10.3. We shall not be liable for any delay in completing performance of the Service, however caused.

10.4. The remittance services may be sent in instalments.

11. CANCELLING YOUR CONTRACT AND RETURNS

11.1. Cancelling before receiving a Confirmation Notice

11.1.1. You may cancel your order for the Services at any time prior to receiving a Confirmation Notice from us so long as you contact us in writing. You can send us a cancellation notice by sending an email to info@hafizbros.com. Your cancellation notice must quote your name, address, the name or a description of the Services and your order reference number. We may also accept cancellations requests from you, where we allow, via other mediums for sending such cancellation requests including but not limited to in-app or website notices or requests for this purpose, chats or calls to our customers services.

11.2. Cancellation after receiving a Confirmation Notice

11.2.1. You are entitled to cancel your Contract and obtain a refund before we complete the money remittance Service or within 7 working days from the date of the Confirmation Notice, whichever is applicable. This also applies, where appropriate and subject to clause 11.4, to items that are available to be downloaded. However, you will no longer have a right to cancel if, with your agreement, we have already completed providing the Services to you before this period of time expires. We shall be deemed to have already completed providing the money remittance Services, in circumstances where payment of the funds has already been deposited into your or your receiver’s bank account or similar account or you or your receiver have already accessed the funds or downloaded products or materials necessary to access the funds, that we made available to you, from the Website or other similar shared platform.

11.2.2. You may notify us of your wish to cancel by sending us a cancellation notice to info@hafizbros.com or, where we allow, by other mediums for sending such notices including but not limited to in-app or website requests for this purpose, chats or calls to our customers services. Your cancellation notice must quote your name, address, the name or a description of the Services and your order reference number.

11.2.3. Upon receiving your cancellation notice, we will contact you providing any necessary instructions which you will be required to follow.

11.2.4. So long as you have complied with your obligations under this clause, we will refund the purchase price to you by crediting the payment card you used to purchase the Services.

11.3. Cancelling ongoing Services

11.3.1. Some of the Services that we provide are available for either a fixed period or unspecified period of time. In this clause these Services are referred to respectively as Ongoing Fixed Term Services and Ongoing Non-Fixed Term Services.

11.3.2. You are entitled to cancel your Contract for any Recurrent Fixed Term Services and Recurrent Non-Fixed Term Services that you have purchased and obtain a refund within 7 working days from the date of the Confirmation Notice. This also applies, where appropriate, and subject to clause 11.4, to items that are available to be downloaded.

11.3.3. You will no longer have a right to cancel any Ongoing Fixed Term Services if, with your agreement, we have already commenced providing this service to you within 7 working days from the date of the Confirmation Notice, unless otherwise expressly agreed by us in writing. We shall be deemed to have already commenced providing the Ongoing Fixed Term Services, in circumstances where you have already downloaded products or materials that we made available to you from the Website / Mobile App.

11.3.4. In these circumstances you cannot cancel the Contract for any Ongoing Fixed Term Services until the end of the Minimum Duration (even where the Minimum Duration is more than one year) and you will not be entitled to a refund, unless otherwise expressly agreed by us in writing.

11.3.5. Although you may notify us of your intention to cancel an Ongoing Fixed Term Services at any time, such notice will only take effect after the Minimum Duration has elapsed. You may notify us of your wish to cancel the Ongoing Fixed Term Services by sending us a cancellation notice to info@hafizbros.com. Your cancellation notice must quote your name, address, the name or a description of the Services and your order reference number.

11.3.6. We may, at our sole discretion, agree to temporarily suspend any Ongoing Fixed Term Services if you will be unable to use the service, such as, for example, if you have insufficient funds in your account to effect the money remittance. We will require at least 3 working days advance notice from you for this to be implemented. The maximum period of suspension will be 3 weeks in any calendar year. You may use the same contact details for providing a cancellation notice to request the Ongoing Fixed Term Services to be suspended.

11.3.7. You will still have a right to cancel any Ongoing Non-Fixed Term Services if we have already commenced providing this service to you within 7 working days from the date of the Confirmation Notice, upon giving us 6 weeks advance notice in writing. You may notify us of your wish to cancel by sending us a cancellation notice to info@hafizbros.com. Your cancellation notice must quote your name, address, the name or a description of the Services and your order reference number.

11.4. Exception to the right to cancel

You will not have a right to cancel an order for services purchased from us, in the following situations:

• 11.4.1. If you expressly agree to us beginning to provide any services before the end of the cancellation period.
• 11.4.2. The Contract is for the sale of financial services.

11.5. Incorrectly priced or described Services

11.5.1. Whilst we try and ensure that all the information on our website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Services to you.

11.5.2. If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.

11.5.3. If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify if we cancel the Contract.

11.5.4. If your order is cancelled or rejected and you have already paid for the Services, you will receive a full refund in accordance with clause 11.7.

11.6. Delivery by instalments

11.6.1. The Services may be sent to you in instalments. You may cancel the outstanding part of your order and receive a refund, if you have already paid, of the purchase price of the outstanding Services in accordance with clause 11.7.

11.7. Processing refunds

11.7.1. We will notify you about your refund via email within a reasonable period of time. We will usually process a refund as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to a refund. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the Services.

11.7.2. We impose a cancellation fee if the reason for the money’s return is not our fault; only the net amount of the transfer is refunded. We shall keep the previously charged commission as well as the bank acquisition fee, which cannot exceed 10% of the entire value of the payment including commission.

12. COMPLAINTS

12.1. If you have a comment, concern, or complaint about any Services you have purchased from us, please contact us via email at info@hafizbros.com or by post at, 144 Calder Street, Glasgow G42 7QP, United Kingdom. We may also accept complaints from you, where we allow, via other mediums for sending such complaints including but not limited to in-app or website notices or requests for this purpose, chats or calls to our customers services.

12.2. If you are not satisfied with how we have handled your complaint, you can also contact The Financial Ombudsman Service.

13. INTELLECTUAL PROPERTY

13.1. The content of the Website is protected by copyright (including design copyrights), trademarks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to HB Money Transfer/HAFIZ BROS TRAVEL & MONEY TRANSFER LIMITED moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.

13.2. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.

13.3. You may retrieve and display the content of the Website / Mobile App on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

13.4. You acknowledge that any other use of the material and content of this Website is strictly prohibited, and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, or create derivative works from such material and content.

13.5. No licence is granted to you in these Conditions to use any of our trademarks or those of our affiliated companies.

13.6. Services sold by us and Website content may be subject to copyright, trademark or other intellectual property rights in favour of third parties. We acknowledge those rights.

14. WEBSITE USE

14.1. You are permitted to use the Website / Mobile App and the material contained in it only as expressly authorised by us under our terms of use.

15. LIABILITY AND INDEMNITY

15.1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:

• 15.1.1. Death or personal injury resulting from our negligence.
• 15.1.2. Fraud or fraudulent misrepresentation.
• 15.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987.
• 15.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.

15.2. The Website / Mobile App is provided on an as is and as available basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website / Mobile App for any particular purpose or any transaction that may be conducted on or through the Website / Mobile App including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.

15.3. We will not be liable if the Website / Mobile App is unavailable at any time.

15.4. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website / Mobile App or that it will be timely or error-free, that defects will be corrected, or that the Website / Mobile App or the server that makes it available are free of viruses or bugs.

15.5. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website / Mobile App and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website / Mobile App.

15.6. We cannot guarantee and cannot be responsible for the security or privacy of the Website / Mobile App and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website / Mobile App or you downloading any material posted or sold on the Website / Mobile App or from any website / Mobile App linked to it.

15.7. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.

15.8. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:

• 15.8.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
• 15.8.2. any loss of goodwill or reputation; or
• 15.8.3. any special or indirect losses; or
• 15.8.4. any loss of data; or
• 15.8.5. wasted management or office time; or
• 15.8.6. any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website / Mobile App or any aspect related to your purchase of the Services even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 15.8.1 to 15.8.6, is strictly limited to the purchase price of the Services you purchased.

15.9. If you buy any goods or services from a third party seller through our Website / Mobile App, the sellers individual liability will be set out in their own terms and conditions.

15.10. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website / Mobile App or any other person accessing the Website / Mobile App using your personal information with your authority.

15.11. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.

16. FORCE MAJEURE

16.1. We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures, or accidents that are outside of our control (Force Majeure), which, without limitation, include:

• 16.1.1. Strikes, lock-outs or other industrial action.
• 16.1.2. Shortages of labour, services, power, supplies/resources.
• 16.1.3. Late, defective performance or non-performance by suppliers/subcontractors.
• 16.1.4. Private or public telecommunication, computer network failures or breakdown of equipment.
• 16.1.5. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
• 16.1.6. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
• 16.1.7. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport for the delivery of services/product.
• 16.1.8. Acts, decrees, legislation, regulations, or restrictions of any government.
• 16.1.9. Other causes, beyond our reasonable control.

16.2. Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.

16.3. Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.

17. PRIVACY POLICY

17.1. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. You can find full details of our Privacy Policy on the Website.

18. THIRD PARTY RIGHTS

18.1. Not to use our Services to commit fraud, money laundering, financial crime, financing terrorism or any similar activities. You expressly agree that we have an immediate right to immediately cancel any Services or account provided to you, without notice to you, and to report it to the appropriate policing or regulatory authority, where we suspect or detect that any crime is being committed by you, the payee or receiver or any third party on your behalf.

19. EXTERNAL LINKS

19.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:

• 19.1.1. The privacy practices of such websites.
• 19.1.2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources.
• 19.1.3. The use which others make of these websites; or
• 19.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.

20. LINKING TO THE WEBSITE

20.1. You must not create a link to the Website / Mobile App from another website, document or any other source without first obtaining our prior written consent.

20.2. Any agreed link must be:

• 20.2.1. To the Website’s homepage.
• 20.2.2. Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in Canada and the law in any country from which they are hosted.
• 20.2.3. Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it.
• 20.2.4. Established in such a way that does not suggest any form of association, approval, or endorsement on our part where none exists.

20.3. We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.

20.4. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice, you must immediately remove the link and inform us once this has been done.

21. NOTICES

21.1. All notices given by you to us must be given to us by using info@hafizbros.com. We may give notice as described in clause 3.

21.2. Notice will be deemed received and properly served immediately when posted on our Website / Mobile App, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

22. ENTIRE AGREEMENT

22.1. The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

22.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.

22.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Conditions.

23. GENERAL

23.1. We reserve the right to change the domain address of this Website / Mobile App and any services, products, product prices, product specifications and availability at any time.

23.2. All prices and descriptions supersede all previous publications. All product descriptions are approximate.

23.3. Every effort is made to keep information regarding services/product availability on the Website / Mobile App up to date. However, we do not guarantee that this is the case, or that services/product will always be available.

23.4. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.

23.5. All Contracts are concluded and available in English only.

23.6. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.

23.7. A waiver by us of any default shall not constitute a waiver of any subsequent default.

23.8. No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3.

23.9. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.

24. GOVERNING LAW AND JURISDICTION

24.1. Every purchase you make shall be deemed performed in Canada.

24.2. The Conditions and any Contract brought into being as a result of usage of this Website / Mobile App will be governed by the laws of Canada and you irrevocably agree to submit to the exclusive jurisdiction of the courts of Canada.

25. MOBILE TOP-UP

25.1. The Airtime Top Up service will only be provided to you by us in respect of the mobile phone operators available on our website. These operators are subject to change and availability.

25.2. You must input the mobile phone number to which any Airtime Top Up is to be credited into the appropriate space in our Portal. It is your responsibility to ensure that you have correctly inputted the mobile phone number. If you enter the wrong number, the transfer will go ahead and there is no way to reclaim or redirect the Airtime Top Up once the Payment Instruction has been processed by us.

25.3. You will then be asked to select the amount of Airtime Top-Up that you wish to credit that mobile phone number with.

25.4. The cost of Airtime Top Up will vary depending on the amount of Airtime Top Up that you wish to send and according to the denominations displayed in our Portal or on the Website.

25.5. The total amount (the Transaction Amount and our Service Fee) that you must pay will be displayed clearly in the Portal before you are asked to confirm your Transaction.

25.6. A number of countries around the world have chosen to apply taxes to incoming Airtime Top Ups. When sending to a Payee in these countries, the corresponding deduction will be made from the Transaction Amount, meaning the Payee will get a lower amount of Airtime Top Up.

25.7. The Airtime Top Up is typically sent within a few seconds by us to the mobile phone number you provide upon successful payment by you. Occasionally, there may be a short delay before the relevant mobile operator applies the Airtime Top Up to the mobile phone number e.g., due to congestion on the local mobile network.

25.8. Our obligation in relation to Airtime Top Up is simply to send Airtime Top Up in accordance with your Instruction. The relevant mobile operator will be solely liable to you and the Payee of the Airtime Top Up for the provision of mobile services related to the Airtime Top Up. Once the Airtime Top Up is sent to a mobile phone number, it cannot be refunded or removed from the phone. To stop this mistake from happening, we ask you to ensure that the number you have entered is correct.

25.9. You will not be able to cancel the Airtime Top Up once we receive your instruction.

25.10. We may be obliged (for example, due to local laws or mobile operator restrictions) to limit the number of Airtime Top Ups that can be performed or the maximum value of Airtime Top Ups (the latter typically due to mobile operator restrictions) over a given period of time e.g., daily, weekly, monthly.

25.11. The prices of the Services are quoted on the Website. Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered). We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Services to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in any other costs of third-party services). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before we have commenced providing the Services.

25.12. As we sell non-tangible irrevocable goods, we do not issue refunds once the order is accomplished, and the airtime is delivered. As a customer, you are responsible for understanding this upon purchasing any item at our website.

25.13. Abuse or fraud (including unlawful use of a payment method, theft, fraud, embezzlement or otherwise) is actively tracked by us. All purchases on our website, may be checked for abuse or fraud and for this purpose we work together with third parties. As soon as we suspect or discover abuse or fraud, we will refuse an order of credit and we do not issue a digital code to you.

25.14. In case of suspicion of unlawful use, we can ask you for a copy of a valid proof of identity and a copy of a bank statement and/or other documents. After this extra check we can decide to provide you with a digital code for credit, but we are not obliged to do so. We take these measures in order to keep the process of buying credit through our website safe for you.

1. Our Agreement with You

1.1 Parties Involved

These Terms and Conditions (“Agreement”) govern your use of the online payment services provided by Belmoney SA (“Belmoney”, “we”, “us”, “our”), a payment institution authorized and supervised by the National Bank of Belgium registered at Avenue Louise 54, 1050 Ixelles, Belgium, company number 0540.745.997. By creating a Profile and/or using the Services, you agree to be bound by this Agreement.

1.2 Related Documents

This Agreement should be read together with our Privacy Policy and Cookie Policy (together, the “Policies”). The Policies describe how we process personal data and use cookies and similar technologies.

1.3 Access to this Agreement and Policies

The current versions of this Agreement and the Policies are available on our website/app. Please download and keep a copy. We may update them in accordance with Section 18.

1.4 Acceptance of Terms

You accept this Agreement by ticking to accept during registration or before initiating a transaction, or by continuing to use the Services.

1.5 Key Information You Should Review

Please pay particular attention to:

• Section 4 (Sending Money) – how to fund and submit transfers.
• Section 5 (Fees & FX) – service fees, exchange rates, and third-party charges.
• Section 7 (Restrictions) – prohibited/restricted activities and our rights.
• Section 9 (Errors/Refunds) – how to report issues and when refunds apply.
• Section 14 (Liability) – limits and exclusions.
• Section 18 (Changes) – how we change Services/terms consistent with applicable law.

2. Our Services

2.1 Money Transfers

The Services enable customers resident in the EEA (and other supported locations listed on our website) to send funds to a Beneficiary via supported payout methods (e.g., account deposit, wallet, cash payout) in designated corridors. A “Transaction Amount” is the amount you fund; the “Payout Amount” is what the Beneficiary receives, net of applicable fees and FX.

2.2 Intended Use

The Services are intended for personal, consumer use (peer-to-peer and family support). Use for commercial payments or for persons you do not know, or trust is not permitted unless explicitly allowed by Belmoney.

2.3 Third-Party Agreements

The Services may rely on third-party Service Providers (banks, processors, payout agents, telecom providers). Your use of such services may be subject to additional terms imposed by those providers.

3. Getting Started and Using Our Services

3.1 Profile Creation

You must create a Profile to use the Services. A Profile is not a bank or payment account and does not hold funds.

3.2 Registration

You must provide accurate information and complete KYC as required (see Section 8). You may need to create security credentials and install our app.

3.3 Individual Use

You must act on your own behalf and not on behalf of others.

3.4 Keep Information Up to Date

You must keep your details (including residency address) accurate and up to date and promptly notify changes. Changes in residency may affect eligibility and applicable terms.

3.5 Eligibility

To use the Services, you must: (a) accept this Agreement; (b) be 18+; (c) be resident in a supported country (as listed on our website); and (d) complete identity verification and other checks.

3.6 Restricted Persons and Territories

You may not use the Services if you are subject to sanctions or in jurisdictions we do not support. We may apply enhanced due diligence or decline transactions involving high-risk jurisdictions consistent with AML/CFT laws (see Section 7.2).

3.7 Single Profile

You may hold one Profile. We may limit multiple emails or instruments linked to a single individual.

4. Sending Money

4.1 Funding Instruments

You may fund a transfer by card (credit/debit) or bank transfer (e.g., SEPA), as made available. By selecting a card, you: (a) authorize charges for the Transaction Amount and fees; (b) confirm the card is valid and lawfully yours; and (c) authorize us to verify with the issuer.

4.2 Bank Funded Payments

Pay from a bank account in your own name using the reference/instructions we provide, within the specified timeframe. You are responsible for providing correct amounts and references.

4.3 If Funding is Incorrect

If payment is late, from an ineligible account, for an incorrect amount, or with wrong references, we may: (a) delay or cancel the Transaction; (b) refund subject to checks; (c) suspend/terminate the Services; or (d) comply with any legal/regulatory process impacting refunds.

4.4 Processing

Submitting a transfer is an offer to us. We may accept or decline in our discretion (consistent with law and this Agreement). The Services are for consumer use only.

4.5 Transaction Execution Time (Indicative)

Execution depends on corridor, payout method, bank cut-offs, controls, and time zones. Estimated times will be shown before you confirm. Times are indicative and not guaranteed. Examples:

• Brazil Account Deposit – Immediately
• Brazil PIX – Immediately
• International Account Deposit – Same day if made during the day. Operations made after 16:00 PM (CET) will be paid on the following day.
• e-Wallet Deposits – 3 hours
• Cash Pick-ups – Available immediately for withdrawal in the corresponding agency
• Home Delivery – 24h

4.6 Information We Need

We require: (a) accurate Sender/Beneficiary details; (b) cleared funds; (c) your consent; and (d) completion of any identity/limit/AML checks. If checks are pending, processing may be delayed.

4.7 Card Authorization

You authorize charges to your selected card. If a payment attempt fails, we may retry using the same instrument, in accordance with network rules and your issuer agreement.

4.8 Transaction Information

Please check all details before confirming; changes may not be possible afterwards. Refunds/cancellations are handled under Section 9.

4.9 Accuracy

Ensure all Transaction details are accurate as changes might not be possible after submission. Refunds or cancellations may be possible under specific circumstances.

4.10 Other Protections

Your card or bank provider’s agreement may give you additional protections (e.g., chargeback rules). Refer to that agreement.

5. Paying for Our Services and Currency Exchange

5.1 Service Fee

You agree to pay the Service Fee displayed before you confirm. Fees may be deducted from the Transaction Amount or charged separately.

5.2 Payment Methods

Pay only via the methods we disclose (e.g., supported cards or bank transfers). We are not obliged to accept other payment methods.

5.3 Additional Charges

If our costs arise due to your funding instrument (e.g., insufficient funds, chargebacks), you agree to reimburse us on demand.

5.4 Currency Conversion & Exchange Rates

Where currency conversion applies, we will display the exchange rate and the resulting Payout Amount before you confirm. The rate disclosed must equal the rate applied. Belmoney, acting as Merchant of Record and principal under IFRS 15, records gross revenue and may earn a spread on FX. If there is any discrepancy between the disclosed and applied rate, we will correct it and arrange reimbursement of the difference.

5.5 Third-Party Fees

Your bank, card issuer, telecom or internet provider may charge fees (e.g., cash-advance or international fees). You are responsible for these.

5.6 Taxes

You are responsible for any taxes arising from your use of the Services, in accordance with applicable law.

6. Receiving Money

6.1 Service Providers

Funds are made available to Beneficiaries through Belmoney’s network of local banks, financial institutions, and authorized agents (“Service Providers”). Service Provider locations, hours, and availability may vary. Funds not collected within 60 calendar days are cancelled and refunded to the Sender (less applicable fees).

6.2 Verification

Beneficiaries must present valid government identification and any reference number provided by Belmoney or its Service Providers. Service Providers may impose additional verification requirements in compliance with local regulations.

7. Important Service Restrictions

7.1 Right to Refuse Transactions

Belmoney may refuse or suspend any Transaction to protect Customers, comply with regulatory obligations, or mitigate risk.

7.2 High-Risk Countries

Transactions involving High-Risk Countries are subject to enhanced due diligence. Belmoney may suspend, delay, or refuse such Transactions at its sole discretion.

7.3 Restricted Activities

Customers may not use Belmoney Services for illegal purposes, gambling, controlled substances, adult content, or other prohibited activities.

7.4 Actions We May Take

Belmoney may:

• Suspend or terminate Profiles.
• Delay, cancel, or reverse Transactions.
• Report suspicious activity to authorities.

Customers will be notified where legally possible.

8. Data Protection and Privacy

8.1 Privacy and Cookie Policies

Processing of personal data is governed by Belmoney’s Privacy and Cookie Policies, available on our website.

8.2 Cross-Border Transfers

Personal data may be transferred outside the EEA. Adequate safeguards (e.g., EU Standard Contractual Clauses) will apply.

8.3 Customer Identification

In compliance with AMLD, Belmoney collects and verifies personal data, including identity documents, proof of address, and information about the source of funds.

8.4 Disclosure to Authorities

Belmoney may disclose data to regulators, law enforcement, or judicial authorities as required by law.

9. Error, Cancellations, and Refunds

• Error Resolution: Customers must notify Belmoney promptly of any unauthorized or incorrect Transaction within 13 months.
• Cancellation: Transactions may be cancelled before completion. Completed Transactions are non-refundable, except where required by law.
• Refunds: Refunds are credited to the original Funding Instrument. Exchange rate differences will not be compensated.
• Tracing Payments: Customers may request payment traces within the EEA.

10. Agreement Duration and Termination

• Cooling-Off Period: Customers may cancel this Agreement within 14 days of acceptance without penalty.
• Termination: Either party may terminate the Agreement with one month’s written notice.
• Post-Termination: Belmoney may retain Customer data as required by law.

11. Intellectual Property

Belmoney owns all intellectual property rights related to its Services, trademarks, and software. Customers are granted a limited, non-exclusive, revocable license to use Belmoney’s app and website for personal, non-commercial use.

12. Disclaimers

• Services may occasionally be unavailable due to maintenance or regulatory obligations.
• Belmoney is not responsible for disputes between Customers and third-party merchants.
• While Belmoney applies security measures, it cannot guarantee absolute protection from unauthorized access.

13. Customer Responsibility for Losses

Customers are responsible for losses caused by:

• Breach of this Agreement.
• Misuse of Services.
• Fraudulent or negligent activity.

14. Belmoney’s Liability

14.1 General Responsibility

We are liable for foreseeable loss and damage caused by our failure to comply with this Agreement or to use reasonable care and skill. We aren’t responsible for unforeseeable loss or damage, or loss caused by your breach or fraudulent actions.

14.2 Defective Digital Content

If paid Digital Content is supplied for a fee, we’re liable for ensuring it’s of satisfactory quality, fit for purpose, and matches description. Remedies may include repair, replacement, or compensation. We will repair damage or compensate if defective digital content damages your device due to our failure to use reasonable care and skill.

14.3 Exceptions to Liability Limits

Our liability is limited except in cases involving death, personal injury, fraud, or fraudulent misrepresentation. In these instances, we acknowledge our legal responsibilities as required by applicable law.

14.4 Exclusion of Certain Losses

We aren’t liable for business-related losses or losses from our disbursement partners. Our services are for domestic and private use.

14.5 Compliance, Act of God and Force Majeure

We shall not be held liable for any losses or damages arising from our compliance with legal and regulatory obligations or due to ‘Events Outside Our Control.’ These events are unforeseeable and beyond our reasonable control, and may include occurrences such as strikes, natural disasters, and significant network disruptions.

14.6 Definition of Act of God and Force Majeure

‘Events Outside Our Control’ are defined as extraordinary events or circumstances beyond our reasonable control. These may encompass, but are not limited to, severe weather conditions, epidemics, pandemics, unavoidable technical failures, and essential system maintenance.

15. Dispute Resolution and Governing Law

15.1 Dispute Resolution

In the event of any disputes arising from or relating to the services provided by Belmoney, customers are encouraged to first report their concerns directly to the Company. We prioritize addressing and resolving issues amicably between you, the customer, and Belmoney. Detailed information on how to file a complaint, including the contact details and procedures, is available on our website.

15.2 Alternative Dispute Resolution

Unresolved disputes may be referred to Ombudsfin (Belgium). This process involves an independent third party who will review the dispute and propose a solution.

Customers also have the option to use the European Online Dispute Resolution (ODR) platform at ec.europa.eu/odr.

15.3 Governing Law

The terms and conditions of use for Belmoney online services shall be governed by and construed in accordance with Belgian law, without regard to its conflict of law provisions.

16. Customer Security Obligations

16.1 Importance of Security

Belmoney prioritizes user security, employing various measures to ensure information safety. Users are advised to exercise caution when sending money, especially to unfamiliar entities. Deals or offers that seem too good to be true should be approached with caution.

16.2 User Obligations for Safe Usage

• Safekeeping: Users are responsible for safeguarding Funding Instruments and Security Credentials (e.g., password).
• Non-Disclosure: Users must not share Funding Instruments or Security Credentials, except during the use of Belmoney’s Services.
• Secure Password Practices: Users should avoid writing passwords in easily understandable ways and choose strong, non-guessable passwords.
• Device Security: Devices used for Belmoney’s Services should have virus checks and firewall protection.
• Prompt Notification: Users must promptly notify Belmoney of any service failures, delays, malfunctions, viruses, or errors.
• Contingency Planning: Users should have contingency plans to address service unavailability or system failures.
• Compliance with Instructions: Users are required to follow Belmoney’s instructions for keeping Funding Instruments and Service usage secure.

16.3 Biometric Access

Belmoney may offer the functionality to use biometric information, like fingerprint scanning, for Service access. Users need a compatible device with the Belmoney app and enabled applications for biometric scanning. Users are responsible for ensuring that only their biometric information is registered on the device.

16.4 Compromised Service Notification

Users should contact Belmoney immediately if they suspect fraud, unauthorized use, or compromised Services usage. Report any inappropriate use by contacting compliance@bel.money. Users should forward any fake (phishing) emails purportedly from Belmoney to compliance@bel.money.

17. Changes to Services and Agreement

17.1 Changes to the Services

Belmoney may introduce additional service functionalities or adjust for reasons such as software maintenance, bug fixes, or security threats. Additional services are subject to the terms of this Agreement or other terms and conditions provided during their availability.

17.2 Changes to this Agreement

Belmoney reserves the right to make changes to this Agreement. Users have the right to terminate the Agreement without charge in response to changes.

17.3 Reasons for Changes

Changes may be made for reasons such as correcting errors, reflecting new products or services, responding to legal requirements, and adapting to industry standards.

17.4 Notification of Changes

Changes are communicated by posting the revised Agreement on Belmoney’s website and/or app.

17.5 Unilateral Changes by Belmoney

Users are given at least 2 months’ notice of a Material Change, and they can terminate the Agreement without charge within this notice period.

18. Other Terms

18.1 Enforcement Flexibility

The fact that we may not immediately enforce certain provisions or take immediate action against a breach of this Agreement does not waive our right to enforce those provisions or act later. For instance, if we provide Services despite a delayed payment, we can still request payment later.

18.2 Severability Clause

If any court or relevant authority deems any part of this Agreement unlawful, the remaining sections will remain valid and enforceable. Each section operates independently.

18.3 Transfer of Agreement

We reserve the right to transfer our rights and obligations under this Agreement to another organization. Users will be notified of such a transfer, and they can terminate the Agreement if dissatisfied with the transfer.

18.4 User’s Transfer of Rights

Users can only transfer their rights or obligations under this Agreement to another person with our express written consent. Our consent may be restricted by legal and regulatory obligations, including anti-money laundering laws.

18.5 Rights Enforcement

This Agreement is a binding contract between the user and Belmoney. No other person, except as explained in section 13 (Compensation you may owe us), has the right to enforce its terms.

18.6 Compensation Scheme Clarification

As Belmoney is not obligated to be part of any government compensation scheme, no compensation would be available under such a scheme in the unlikely event that Belmoney cannot meet its liabilities.