Terms of use - MyTransfer.org

Terms of use

THE MYTRANSFER SERVICE IS OFFERED BY THE MIGRANTS ASSOCIATION MYTRANSFER SWITZERLAND LOCATED 21, AVENUE DES CAVALIERS 1224 CHENE BOUGERIES (SUISSE).

THESE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR ACCESS TO AND USE OF THE MYTRANSFER ONLINE WEBSITE AND THE SERVICES AVAILABLE ON THE MYTRANSFER ONLINE WEBSITE.

IT IS IMPORTANT THAT YOU READ AND UNDERSTAND OUR TERMS AND CONDITIONS BEFORE YOU ACCEPT THEM. THEY CONTAIN LIMITATIONS ON THE SCOPE OF OUR OBLIGATIONS TO YOU, AS WELL AS LIMITATIONS ON AND EXEMPTIONS FROM OUR LIABILITY TO YOU IN THE EVENT THAT YOU SUFFER LOSS AS A RESULT OF USING OUR SERVICES. WE HAVE HIGHLIGHTED IN BOLD THOSE PROVISIONS WHICH DO THIS.

As used in our Terms and Conditions, the terms:
(a) "bank card" refers to a Visa® or MasterCard® credit card or debit card issued by or through a bank in the European Union member state in which the Service is offered;
(b) "card issuer" refers to the issuer and owner of a bank card;
(c) "prohibited purpose" refers to any unlawful purpose; the purpose of making or receiving payment for gambling services, gambling chips or gambling credits; the purpose of making or receiving payment for banking or other financial services; or the purpose of sending a payment to yourself as the recipient;
(d) "recipient" to the person identified as the potential beneficiary of the money transfer to settle (the money transfer will never occur and the MyTransfer service is reserved to individuals);
(e) "sender" refers to the person who post his order by using the MyTransfer Online Service and initiates the request for connecting people with opposite orders;
(f) "transaction"refers to each money transfer that you initiate under, and each other use that you make of, the MyTransfer Online Service;
(g) "MyTransfer", "we", "our" or "us" refers to the association MyTransfer Switzerland and MyTransfer Luxembourg SA;
(h) "MyTransfer Service" refers to any or all of the services which are made available by us by means of the MyTransfer site and through mobile;
(i) "MyTransfer site" or "Site" refers to the website operated by us to provide online money transmission services and related information facilities; and
(j) "you" or "your" refers to any person who uses the MyTransfer site or the MyTransfer Online Service as a sender.
Our Terms and Conditions were last changed on December 30, 2008.
1. OUR RESPONSIBILITY TO YOU.
1.1 Our agreement with you is that we will take reasonable care to provide the MyTransfer Online Service. As such, we agree to provide you with the provision of contact information of people with opposite orders (including the Additional Services of email, phone notification, and supplemental messages (where available)) and the related information facilities described from time to time on the MyTransfer site.
1.2 We will generally rely without further enquiry on messages that are transmitted through the MyTransfer site and actually received by us, unless we have actual notice that any such message is incorrect, unauthorised or forged.
1.3 We do not accept any responsibility to you for:
(a) the goods or services which you pay for by using the MyTransfer Online Service;
(b) 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;
(c) 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;
(d) the services provided to you by your card issuer;
(e) viruses caused by third parties;
(f) errors on the Site or with the MyTransfer Online Service caused by incomplete or incorrect information provided to us by you or a third party;
(g) any unauthorised use or interception of any message or information before it reaches the Site; or
(h) 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).

1.4 We have no obligation to you to initiate or deliver contact information or other transaction as part of the MyTransfer Online Service if:
(a) we are unable to obtain satisfactory evidence of your identity;
(b) we have reason to believe that the transaction message is incorrect, unauthorized or forged;
(c) 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
(d) 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 recipient or failure to perform a transaction under the MyTransfer Online Service by reason of any of these matters.

1.5 We may refuse to provide the MyTransfer Online Service (in whole or in part) to you if to do so may breach any MyTransfer policy (including policies intended to prevent fraud, money laundering or terrorist financing) and/or 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 MyTransfer Online 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.
1.6 We may suspend the operation of the MyTransfer site or the MyTransfer Online 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 the MyTransfer site or the MyTransfer Online Service are 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 for any loss or liability which may be suffered or incurred by you as a result of any such interruption, even if caused by our negligence, except where any such interruption is caused by our fraud or our gross negligence.
1.7 We will generally communicate with you through the Internet and by e-mail. This does not affect your right to communicate with us by any other means described in clauses 5 and 7 below in the circumstances contemplated by those provisions.

2. YOUR RESPONSIBILITY TO US.
2.1 You agree to the waiting period and the risks involved in any transaction which you initiate or request under the MyTransfer Online Service according to the amount and the trustworthiness of the counterpart by taking security measures like the location of the settlement.
2.2 You negotiate freely the corresponding amount in local currency with the members proposed to you by Transfer without holding MyTransfer responsible for errors or frauds occurring between you and your counterpart (like false banknotes).
2.3 You acknowledge and agree that:
(a) when you register with us, you will provide us with true, accurate, current and complete information;
(b) you will maintain and promptly update such information to keep it true, accurate, current and complete;
(c) you will not use the MyTransfer Online Service for or in connection with any prohibited purpose;
(d) you will not initiate a money transfer or other transaction under the MyTransfer Online Service in breach of these Terms of use or any other restriction or requirement of use described on the MyTransfer site; and
(e) you are responsible for the security of your password and e-mail account log-in in accordance with clause 7 below.

2.4 You acknowledge and agree that information about you, and the services we provide to you, may be provided by us from time to time to regulatory or governmental authorities, bodies or agencies where:
(a) we are required by law to do so; or
(b) if we determine that such disclosure may help to combat fraud, money laundering offences or other criminal activity.

2.5 You agree that you will generally communicate with us through the Internet and by e-mail. This does not affect your right to communicate with us by any other means described in clauses 5 and 7 below in the circumstances contemplated by those provisions.

3. FOREIGN EXCHANGE.
MyTransfer Online Service is just providing contact information between selected members; it is reserved to individuals and not a banking service as such. MyTransfer is not involved in the foreign exchange of the equivalent amount in local currency. All the amounts are defined in USD or EUR without MyTransfer being aware of the equivalent in local currency agreed between two individuals.
4. CANCELLATION AND REFUNDS.
4.1 Under laws relating to online contracts, you have a right to cancel the MyTransfer Service you have ordered, at any time.

4.2 Your right of cancellation under laws relating to online contracts is in addition to your right as sender upon request to us to receive a refund of the annual fee within 14 days after it payment.

4.3 Your right of cancellation doesn\'t concern of course the amounts settled by individuals.

5. CUSTOMER SERVICE. If you discover any errors or have any problems with or related to the MyTransfer site or MyTransfer Online Service, you must first contact us by email or mail (see contact information on the website).

6. REGISTRATION. You will be required to register with us in order to use the MyTransfer Online Service. Registration is subject to these Terms of use.

7. PASSWORD AND SECURITY. You will choose a login and password sent by e-mail upon registering with us. You are responsible for maintaining the confidentiality of your password and login, and are fully responsible to us for all activities that occur under your password or account e-mail login. You agree to immediately notify us by contacting us of any unauthorized use of your password or login or any other breach of security. Once you have told us that there has been an unauthorized use of your password or account e-mail login, we will take immediate steps to prevent these from being used. Subject to our taking such steps, we are not liable for any loss or damage arising from your failure to comply with your obligation under clause 5 or this clause 7. You may have a right against your card issuer to have sums refunded or recredited to you if fraudulent use is made of your bank card.

8. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES.
8.1 We may change our Privacy Policy in the future. You should check the Privacy Policy regularly for changes.
8.2 By providing consent in the manner specified in the Privacy Policy, you expressly consent to allow MyTransfer to use your personal information and disclose it to third parties for direct marketing purposes, in particular through the use of automated calling systems, facsimile machine or electronic mail as specified in our Privacy Policy.
8.3 Without prejudice to the provisions of clause 8.2, you may receive from MyTransfer marketing information relating to products or services similar to the MyTransfer Service through any means of distance communication and you may also receive marketing information in hard paper form from any third party unless you object to such information being sent to you in the manner specified in the Privacy Policy.
8.4 Furthermore, you expressly consent to the disclosure of your personal and the transaction information to MyTransfer Luxembourg SA and other affiliated companies, members of the MyTransfer network worldwide and to other third parties specified in our Privacy Policy.
8.5 We reserve the right to verify any of the information you provide. We may use the service of Intelmatique S.A., or other service providers we engage to verify consumer information, excluding any credit advice.

9. LIABILITY.
9.1 We will refund to you any benefit which we receive as a result of any breach of our agreement with you or other wrongdoing.
9.2 If any loss which you or a recipient (who is not registered with us) suffers is not covered, we will only accept liability for that loss up to a limit which is the greater of: (a) the amount of the annual fee; and (b) € 10, 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 € 20. 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.
9.3 Any claim for compensation made by you and/or a recipient (who is not registered with us) must be supported by any available relevant documentation.
9.6 Your relationship is with MyTransfer Switzerland. You agree that no affiliate or agent of MyTransfer Luxembourg SA owes you any duty of care when performing a task which would otherwise have to be performed by MyTransfer Switzerland under its agreement with you.

10. INTELLECTUAL PROPERTY. The MyTransfer site and the MyTransfer Online 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 MyTransfer site and the MyTransfer Online Service shall remain our property and/or the property of such other third parties. The MyTransfer site and the MyTransfer Online Service may be used only for the purposes permitted by these Terms of use or described on the Site. You are authorized solely to view and to retain a copy of the pages of the MyTransfer site 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 World Wide Web, or in any way distribute or exploit the MyTransfer site, the MyTransfer Online 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 MyTransfer site or MyTransfer Online Service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the MyTransfer.org Site (or printed pages of the Site). The name MyTransfer and other names and indicia of ownership of MyTransfer\'s products and/or services referred to on the MyTransfer site are our exclusive marks or the exclusive marks of other third parties. Other product, service and company names appearing on the Site may be trademarks of their respective owners.

11. LINKS TO OTHER WEB SITES. The MyTransfer site may contain links and pointers to other World Wide Web Internet sites and resources (the "Linked Sites"). Links to any Linked Site do not constitute an endorsement by, or association with, us of any third party resources or their contents. Links do not imply that we are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or copyright symbol of MyTransfer. You should direct any concerns regarding any Linked Site to such Linked Site\'s site administrator or webmaster. We do not represent or endorse the accuracy or reliability of, and expressly disclaim, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You acknowledge that any reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk. We will not be liable for any potential issues regarding security, viruses or unwanted email that you may encounter outside the direct control of the MyTransfer site.

12. ENTIRE AGREEMENT. These Terms of use, together with all other matters incorporated into these Terms and Conditions by reference, embody the entire agreement and understanding between you and us and supersede and terminate all prior agreements or understandings you may have with us.

13. TRANSFER. We have the right to transfer, assign or delegate our rights and/or responsibilities in whole or in part under our agreement with you to an affiliated company, or any third party, at any time without your consent unless such transfer would reduce your rights and/or remedies or increase your responsibilities and/or liabilities under your agreement with us. You may not transfer your rights and/or responsibilities under your agreement with us without our prior written consent.

14. SEVERABILITY.In the event any one or more of the provisions of these Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.

15. GOVERNING LAW AND VENUE. Our contract with you (as well as the relationship between us before we contract with you) is subject to the Swiss law, without prejudice to rules in force in your country of residence which afford greater protection. We agree that in case you are a business customer the competent court is Geneva and in case you are a consumer, within the meaning of the Swiss Consumer Protection Act or within the meaning of consumer law of your place of residence if more favourable to you, at our discretion either the competent court at the place of your residence, habitual residence or work, shall have the right to hear and decide any dispute between us.