CHANGES

We may amend these Terms and Conditions from time to time, for example in order to comply with changes in the law or regulatory requirements or due to changes in market conditions.

If we make any change to these Terms and Conditions, we will do so by email and/or by post and/or by placing the revised version of these Terms and Conditions on Our Website. We will also inform you of the date from which any change is to take effect (the “Effective Date”). If you wish to receive a written copy of these Terms and Conditions by post, we will send to the postal address we hold for you upon request.

Changes that we make to these Terms and Conditions will normally only apply to Payment Orders entered into after the Effective Date but will also apply to Payment Orders entered into before the Effective Date where we are required to make them do so by law or regulatory requirements. In any event, and for the avoidance of doubt, the updated version of these Terms and Conditions shall supersede the previous version.

We do not guarantee that Our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Website for business and operational reasons. We will try to give you reasonable notice (for example by posting a message on Our Website) of any scheduled suspension or withdrawal.

FORMATION OF CONTRACT

Each Payment Transaction which we perform for you is a separate contract which incorporates these Terms and Conditions.

DEFINITIONS

The following words and phrases are used throughout the Terms and Conditions and the meanings are below:

• "Business Day" means 9am to 5pm GMT Monday to Friday excluding Bank Holidays and Public Holidays in England.
• "Our Services" means our money transfer services.
• "Our Website" is defined in the paragraph headed ‘Introduction’ above.
• "Paying Agent" means a natural person or a legal entity acting as a third-party provider of payment services or an agent acting on our behalf or on behalf of an affiliate who pays out a Payment Transaction initiated by you in the destination country identified by you.
• "Payment Order" means all instructions submitted by you to us requesting the execution of a Payment Transaction.
• "Payment Transaction" means the transfer of money to a Recipient.
• "Recipient" means the individual designated by you as the receiver of the Payment Transaction, who is a natural person and acceptable to us, and who receives the money transfer via a designated Paying Agent.
• “Regulations” is defined in the paragraph headed ‘Introduction’ above.
• The terms "you", "yours", and "user" means you the person who is contracting with us for the provision of Our Services.

OUR OBLIGATIONS

• We will be responsible to you for all Payment Transactions that are initiated by you via any of our authorised agents. All our authorised agents are listed on the FCA Register under the name of Worthing FX Services LTD.

YOUR OBLIGATIONS

• You must be at least eighteen (18) years of age.
• You agree to pay our charges for each Payment Transaction. Before we can perform our Service, you must register with us. In order to complete your registration, you must provide us with all the details we require from you, including details relating to your identity and proof of address and any other information we may require from time to time to enable us to comply with our legal and regulatory obligations, including as required by the Money Laundering Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR2017).

• You acknowledge and agree that:

  1. When you register with us or submit a Payment Order, you will provide us with true, accurate, current and complete information.
  2. You will maintain and promptly update such information to keep it true, accurate, current and complete.
  3. You will not use the Service for or in connection with any illegal or prohibited purpose.
  4. You will not initiate a Payment Transaction under the Service in breach of these Terms or any other restriction or requirement of use.
  5. You will be liable to us for all losses which we suffer or incur relating to any fraud or fraudulent activity by you at any time.
• You are responsible for the completeness and accuracy of all information you provide to us at any time.

ISSUE OF PAYMENT ORDERS THROUGH OUR WEBSITE

Subject to these Terms and Conditions you will be able to use Our Services by logging into Our Website and giving us your Payment Orders, which are available for Payment Transactions to a wide choice of destination countries and in a wide choice of currencies as set out from time to time on Our Website.

Payment Orders must include such information as we from time to time determine that we require in order to provide Our Services to you including the following information:

• Name and other details identifying the Recipient.
• Destination country of the Payment Transaction.
• Amount and currency of the Payment Transaction.
• In case of a Payment Transaction to a Recipient’s bank account, the IBAN code (International Bank Account Number) when such bank account has an IBAN code, or the bank account code as corresponds in each case.

We will only accept a Payment Order which is given to us through Our Website. Your instruction to perform a Payment Transaction will be treated by us as your consent to us to go ahead with and our authorisation to perform that Payment Transaction.

Further information and explanation about the steps you need to take to ask us to perform a Payment Transaction for you will be given to you when you ask us to do this and can be found under the “FAQ” sections of Our Website.

Before we execute any Payment Order, you must ensure that we have received the amount of funds which we tell you are required for the Payment Transaction to proceed in cleared funds immediately available to us by payment made by either debit or credit card. Please note we do not provide credit and are not able to advance any amount to cover any amount of a Payment Transaction.

We accept the following designated method of payment to us for the execution of Payment Transactions pursuant to Payment Orders (initiated by you through Our Website):

1. Payment by debit or credit card: You must authorise your card issuer to transfer funds required to be received by us for the Payment Transaction so that: (i) funds so required for the Payment Transaction to proceed are charged to the account linked to your card; and (ii) we receive an authorisation from the third-party merchant acquiring provider and subsequently receive the transfer funds required to be received by us.
2. You are responsible for ensuring that your designated payment method has sufficient funds or credit available to ensure that the funds required for the Payment Transaction to proceed are received by us and received by us on time.
3. You acknowledge and agree that all Payment Transactions authorised by you are subject to all applicable UK and foreign laws and regulation.
4. Your card issuer and/or your bank or credit institution will also have terms and conditions that apply to your use of your card or bank account and you must refer to such agreement(s) when making the funds required for the Payment Transaction to proceed available to us as such terms and conditions which may include the application of fees and charges and other terms and conditions imposed by your card issuer and/or your bank or credit institution.

5. EXECUTION OF PAYMENT INSTRUCTIONS

   • Your relationship is with Worthing FX Services LTD.
   • We will execute all Payment Orders as soon as practicable after they have been submitted on Business Days.
   • All currency converted under the Service is converted at our rate of exchange. All the expenses that you must pay to Worthing FX must be established on your receipt, as well as the method of calculating the exchange rate or interest rate that will apply to the transaction, and the corresponding date and the rate or reference used in that calculation method
   • If we proceed to execute a Payment Order based on incorrect details received by us from you then we will not be liable for any losses incurred, although we will attempt to assist in the recovery of the payment amount and we reserve the right to charge you a fee to cover our reasonable costs for doing this

   • We may, in our sole discretion, refuse to proceed with a Payment Transaction. Examples of when we may refuse to proceed with a Payment Transaction include:

     1. Where the intended Recipient is anyone other than a natural person.
     2. Where we are required to do so under applicable anti-money laundering or terrorist financing legislation and /or where we know or suspect the Payment Transaction may be unlawful (including for instances of fraud).
     3. We believe that you don’t have enough information to satisfy any regulatory or governmental requirement.
     4. You have failed to provide us with sufficient, satisfactory and reliable evidence of your identity or any other information we require in relation to a Payment Transaction.
     5. Where we know or suspect that the Payment Order requested by you contains errors or is not authorised by you.
     6. Receipt of a Payment Order by us in circumstances where there is insufficient time for us to ensure the execution of the requested Payment Transaction by the requested time.
     7. You have failed to provide us the amount of the funds which we tell you are required for the Payment Transaction to proceed in cleared funds immediately available to us
     8. Your Card Issuer does not authorise the use of your bank for payment of the Payment Transaction and our related charges
     9. You are in breach of an obligation under these Terms including an obligation to pay our fees. We will notify you of such refusal, the reasons for it and the procedure for remedying the probable actual errors that have caused it, unless a specific rule and/r regulation prohibits us such notification.
   • We reserve the right not to accept or allow payments from or to, either directly or indirectly, certain countries which we have determined, acting in our sole discretion, are high risk to our business or involve a higher level of complexity for us in carrying out our anti-money laundering or anti-terrorist financing legislation transaction monitoring process.
   • We further reserve the right to request additional information from you, including information on the Recipient, where payments are to be made to certain countries acting in our sole discretion.
   • If we refuse to proceed with the execution of a Payment Order in accordance with these Terms we will prior to the end of the Business Day following receipt of the Payment Order tell you and where it is possible and lawful for us to do this we will tell you the reasons for this and how to rectify the situation in the case of incorrect information you have provided to us or failed to provide to us.
   • We are not liable to you for any loss or damage which you may incur as a result of any legal requirements which we are required to comply with, including in relation to Money Laundering and Terrorism Finance
   • We will refund you with the full amount of any non- executed or defective Payment Transaction (including our charges in relation to such Payment Transaction), including any interest and/or late payment fees;
   • Any claim for compensation made by you/or a Recipient (who is not registered with us) must be supported by any available relevant documentation.
   • We may report suspicious activities to law enforcement organisations or other government agencies if we are required to do so by law or otherwise consider it necessary.

   • We reserve the right, at our sole discretion, to:

     1. refuse to process a Payment Transaction;
     2. limit the amount of a Payment Transaction;
     3. require additional information to complete a Payment Transaction; and/or
     4. ake reasonable measures with respect to a Payment Transaction where in our opinion this is necessary.

   • Cancellations and Refund

     You may cancel a payment order at any time up until it is executed. Once executed, you cannot cancel or amend a payment order. You may exercise this right to cancel in the following ways:

     1. by telephoning us on 01903202702,
     2. by writing to us at 35 Chapel Road, Worthing, West Sussex, BN11 1EG,
     3. by emailing us at support@worthingfx.co.uk
     • Refunds of the Money Transfer amount, and subsequent cancellation of the underlying transaction, will be made upon the User's valid written request if payment of the Money Transfer has not yet been made to the Beneficiary at the time the refund request is processed by Worthing FX. To stop a payment, Worthing FX first will have to check with its paying correspondent to determine whether payment of the Money Transfer has been made to the Beneficiary. If Worthing FX can confirm that payment has not been made, the funds will be returned and Worthing FX will refund such amount to the User, less any applicable fees and/or service charges. Except in the case of events beyond Worthing FX's control, it is policy to refund the amount of the Money Transfer within fifteen (15) business days after receipt of the written refund request. In cases where the Money Transfer funds were not made available to the Beneficiary within the time frame specified by Worthing FX for the Service, subject to the regular business hours at the Money Transfer destination location, Worthing FX shall refund the Money Transfer fee as well as the Money Transfer amount within fifteen (15) business days after receipt of the User's written request to refund same. Normally, these funds should be in Worthing FX's possession within fifteen (15) business days. Please note that refunds may take longer to process where internal Compliance checks are required and/or Compliance related queries need to be addressed . Should a refund be delayed for any reason, Worthing FX will notify the respective User.
     • Where you cancel a Payment Order or where we cannot complete a Payment Transaction for any reason, we will arrange for a full refund.

     • In instances where :

       1. the Recipient does not collect the money transferred under a Payment Transaction with three (3) months; or
       2. you make a deposit in our account and fail to identify or proceed with a Payment Transaction within thirty (30) Business Days, we will refund the amount of the Payment Transaction to you less the commission initially charged at our exchange rate applicable at the time of the refund. If we cannot refund the money to you because we are unable to contact you and we do not have valid bank details for you that are sufficient for us to make the refund transfer, we will retain the funds subject to our safeguarding obligations.
     • We are not responsible and we will not refund you for any payments made incorrectly as a result of you providing incorrect payment information. We shall be liable to you for all expenses incurred and for which we are responsible, as well as for any interest that may have been applied to you as a result of non-execution or defective or delayed execution of us.

Limitation of Liability

We have no liability and do not accept any responsibility to you for:

• any goods or services which you pay for by using the Service;
• 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;
• errors in our Site or with our Worthing FX Online Service caused by incomplete or incorrect information provided to us by you or a third party, or for any unauthorised use of your password or account e-mail (which you are responsible for keeping confidential);
• 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;
• viruses caused by third parties;
• the services provided to you by your Card Issuer;
• any opportunity to make a purchase which is lost or compromised by any delay or failure of any Payment Transaction regardless of the reason for such delay or failure;
• We do not accept any liability for damages resulting from non-payment or delay in payment of a money transfer to a Recipient or failure to perform a Payment Transaction under the Service.
• Neither we nor any of our agents shall be liable whether in contract, tort or otherwise for damages, losses or claims for delays, non-payment or underpayment of any money transfer, or non-delivery of any supplemental message beyond the sum equivalent to the principal amount of the money transfer (in addition to refunding the principal amount of the money transfer and our charges in relation to the money transfer).
• Nothing in this clause exclude or limit liability on our part for death or personal injury resulting from our negligence or (b) exclude liability for our fraud.
• To the extent permissible by law, neither we nor our agents will be liable for any loss of profits, loss of business, loss of opportunity, loss of goodwill, loss of contracts or ay indirect, special, incidental or consequential damages (whether caused by negligence or otherwise).
• Wherever you are sending a money transfer to a Recipient who is not registered with us, you agree to accept the provisions of this clause not only for yourself, but also on behalf of the Recipient.

Payment Transaction Restrictions

• We reserve the right, at our sole discretion, to:

  1. refuse to process a Payment Transaction;
  2. limit the amount of a Payment Transaction;
  3. require additional information to complete a Payment Transaction; and/or
  4. take reasonable measures with respect to a Payment Transaction where in our opinion this is necessary to comply with applicable laws and regulations including where we have concerns about the identity of persons involved in the Payment Transaction.
• Our Services are offered only for your personal Payment Transaction needs and you agree not to use or attempt to use or allow any third party to use Our Services for any other purpose including commercial purposes or promotion of products and services whether directly or indirectly. You further agree not to use Our Services on behalf of any other party. We do not accept any payments from third party accounts for the payment of your transaction.
• Our Services are subject to such transactional restrictions as we may from time to time in our sole discretion impose including as to the maximum amount of Payment Transactions and destination countries and available currencies.