PAYMENT TERMS AND CONDITIONS
1. PAYMENT REQUEST
1.1 You agree that you will not send Payment Requests to strangers i.e. people you do not know personally.
1.2 You acknowledge that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions.
1.3 We are not obliged to process any particular Payment Request. When you submit a Payment Request, you are requesting that we process the Payment Request on your behalf and consenting to us contacting the Sender for these purposes. You acknowledge and agree that, when we send a Payment Request by SMS text message to a Sender on your behalf, we may use the mobile telephone number associated with your account for this purpose (i.e. the Payment Request we send will show as being sent from your mobile telephone number). We may, in our sole discretion, choose whether or not to process that Payment Request, or impose limits on Payment Requests. In particular, we may, in our absolute discretion, refuse Payment Requests and/or suspend or cancel your account with us where (i) you are in breach of clause 4, (ii) we believe that the Service is being used, whether by you or the Sender, in furtherance of illegal, fraudulent or Prohibited activities, or (iii) we are required to do so by law (including applicable anti-money laundering and counter-terrorism legislation) or (iv) we are unable to verify either your identity or that of the Sender.
1.4 All Transactions that result from a Payment Request will be handled in accordance with these Terms and Conditions, which the Sender will need to accept prior to any Transaction proceeding.
1.5 Cancellation of Payment Requests. Once we have received your Payment Request, you may not cancel it. In such circumstances you would need to contact the Sender separately, and explain that you require the Payment Request to be treated as cancelled. Please therefore ensure that your Payment Requests are legitimate, accurate and complete.
1.6 Cancellation of Transactions. The cancellation of Transactions shall be governed by, and dealt in accordance with these Terms and Conditions. You shall assist and co-operate with us in relation to all cancellation requests we receive from Senders after a Transaction has been initiated following your Payment Request. You shall, upon request from us, promptly refund to us or a third party of our choice (including the Sender) all monies you receive from Transactions where we reasonably believe that such Transactions have resulted from your use of the Services in contravention of these Terms and Conditions.
2. COLLECTION OF INFORMATION
2.1 Customer Identification Program. English law requires all financial institutions to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers. We may therefore require you to supply us with personal identifying information relating to you and the Recipient and we may also legally consult other sources to obtain information about you and the Recipient.
2.2 Verification and Checks. We will verify your residential Address and personal details in order to confirm your identity. We may also pass your personal information to a credit reference agency, which may keep a record of that information. Be assured that this is done only to confirm your identity and that we do not perform credit checks and therefore your credit rating will be unaffected. We may also need to verify the identity of a Recipient in the same way. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. By accepting these Terms and Conditions you authorise us to make any inquiries we consider necessary to validate the information that you provide to us. We may do this directly, for example by asking you for additional information, or requiring you to take steps to confirm ownership of your Payment Instruments or email Address; or indirectly, for example by verifying your information against third party databases or through other sources.
2.5 Radiantlife may, as necessary in providing the Service, store all information required of a Recipient to prove his or her identity or associated with their specific Instruction. Such proofs may include a suitable form of valid, unexpired identification from a list of acceptable papers provided by the Service Provider, and/or a transaction tracking number, a personal identification number (PIN), a "password", a "secret word", or other similar identifiers.
3. INTELLECTUAL PROPERTY
3.1 The Radiantlife website and the Radiantlife Service, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by us, our affiliates, or third parties. All right, title and interest in and to the Radiantlife website and the Service shall remain our property and/or the property of such other third parties.
3.2 The Radiantlife website and the Radiantlife Service may be used only for the purposes permitted by these Terms and Conditions or described on the website. You are authorised solely to view and to retain a copy of the pages of the Radiantlife website for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Radiantlife website, the Radiantlife Service or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the Radiantlife website or the Radiantlife Service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Radiantlife website (or printed pages of the website). The name “Radiantlife” and other names and indicia of ownership of Radiantlife products and/or services referred to on the Radiantlife website are our exclusive marks or the exclusive marks of other third parties. Other products, services and company names appearing on the website may be trademarks of their respective owners, and therefore you should not use, copy or reproduce them in any way.
4. WARRANTIES AND LIABILITY
4.1 Where we have materially breached these Terms and Conditions causing a Sender loss, we will refund the Sender the Transaction Amount and the Service Fee.
4.2 If a Transaction is delayed or fails, or if an executed Transaction is not authorised, you may have a right to receive a refund or compensation under laws relating to the provision of international money transfer services. In the case of any unauthorised or incorrectly executed Transaction, any such right may be prejudiced if you do not notify us of the unauthorised or incorrectly executed Transaction without delay, or in any event within thirteen months after the debit date. We will provide you with the further details of your rights to a refund or compensation if you contact us using the contact details at the end of these Terms and Conditions.
4.3 Any claim for compensation made by you must be supported by any available relevant documentation.
4.4 If any loss that you suffer is not covered by a right to payment under the laws referred to in clause 11.2, we will only accept liability for that loss up to a limit which is the greater of: (a) the amount of any Service Fee and (b) €500, unless otherwise agreed by us in writing. The cap on our liability only limits a claim for loss arising out of any single Transaction or series of related Transactions, or (if a loss does not arise out of a Transaction or related 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 €1,000.
4.5 We do not, in any event, accept responsibility for:
4.5.1 any failure to perform the Service (e.g. your Instruction) as a result of circumstances which could reasonably be considered to be due to abnormal and unforeseen circumstances or outside our control or due to our obligations under any applicable laws, rules or regulations;
4.5.2 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;
4.5.3 any losses or delays in transmission of messages arising out of the use of any internet or telecommunications service provider or caused by any browser or other software which is not under our control; or
4.5.4 errors on the website or with the Service caused by incomplete or incorrect information provided to us by you or a third party.
4.6 Nothing in this clause 11 shall (a) exclude or limit liability on our part for death or personal injury resulting from our negligence; or (b) exclude our liability for fraud.
4.7 Where you are sending a Transaction Amount to a Payee who is not registered with us, you agree to accept the provisions of this clause 11 not only for yourself, but also on behalf of the Payee.
4.8 Your relationship is with Radiantlife only. You agree that no affiliate or agent of Radiantlife owes you any duty of care when performing a task which would otherwise have to be performed by Radiantlife under its agreement with you.
4.9 You understand and acknowledge that you are liable for all losses incurred in respect of an unauthorised Transaction or Instruction or any other unauthorised use of the Service, where you have acted fraudulently or negligently and you agree to be responsible for and hold harmless Radiantlife, our subsidiaries, affiliates, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from all loss, damage, claims, actions or demands, including reasonable legal fees, arising out of your use or misuse of the website or Service, all activities that occur under your password or account e- mail login, your violation of these Terms and Conditions or any other violation of the rights of another person or party.