Terms and Conditions
Posted on August 15, 2023
PLEASE READ CAREFULLY.
THESE TERMS AND CONDITIONS FORM PART OF THE LEGALLY BINDING AGREEMENT BETWEEN YOU AND RIA FOR MONEY TRANSFER SERVICES.
1. Parties
This Agreement (as defined in Clause 12) is between you and Ria Financial Services New Zealand Ltd. ("Ria"), whose NZBN 9429033287843 and whose registered office is at Level 4/ 32 Mahuhu crescent, Auckland, 1010
2. Service
2.1 Ria will provide you (“Sender”) with a money transfer service ("Service") through its international network of authorised representatives (“Correspondents") which will enable you to transfer funds ("Transfer") to your chosen recipient ("Beneficiary").
2.2 In order to provide the Service, Ria requires you to place the transfer funds, including any Transfer Fee (as defined below) into Ria’s bank account ("Ria Account") in the manner notified to you by Ria after your registration with Ria for the purposes of the Service. If this is done in one of Ria’s stores or agencies, then it may be by providing funds at the time of the transaction. Where the transaction is conducted by telephone or electronic communication, such transactions may be subject to additional terms and conditions and Ria will advise you of the mechanism for payment to Ria.
3. Consents
You agree that by placing the transfer funds into the Ria Account you irrevocably consent to the execution of the Transfer transaction.
By providing us with your personal information, such as address, telephone number, mobile number and/or email address, you consent to receiving notices and other communications from Ria via post, telephone, email and/or SMS message, CLICK HERE for check our Privacy Policy.
You acknowledge that message and data rates may apply to SMS messages. Ria may send notices to you about your Transfer, your use of the Service or for other purposes, such as providing you with details regarding new developments, products, services and special offers. We may use any email address or other personal information you provide to us at any time for this purpose.
However, if you prefer not to be contacted for any of the above mentioned reasons or via any of the above mentioned means, you have the option to unsubscribe or opt-out if you so desire. To stop receiving SMS messages, reply "STOP" to any Ria SMS message received. To stop receiving email messages, please send an email message to [email protected] with your request. You may also call Ria at 0 800 453 005 for assistance.
4. Transfer Information
4.1. The Transfer will be paid to the Beneficiary in cash, cheque or, where available and if so directed by you, to a bank account held by the Beneficiary ("Account").
4.2. You agree to bear all fees for the Transfer, including any local taxes or service charges that apply to the Transfer in the destination country (“Transfer Fee”).
4.3. While Ria will try to ensure the Transfer is available for collection by the Beneficiary at the selected Correspondent’s location on the date of the transaction and during the hours of operation of the Correspondent, Transfers may be subject to delay due to circumstances outside Ria’s control, such as exceeding account limitations, regulatory requirements, bank holidays or other conditions in the destination country. Accordingly, Ria makes no representation regarding the exact time when the Transfer will be available for collection by the Beneficiary.
4.4. If you have directed delivery to the Beneficiary’s Account, Ria makes no representation as to when the bank maintaining the Account will credit the Account.
4.5. The Transfer does not constitute a deposit held by Ria. Neither you nor the Beneficiary at any time hold a payment or deposit account with Ria. Ria receives and holds your Transfer funds solely in connection with the Service and effecting the Transfer to your designated Beneficiary.
4.6. You agree to provide Ria with full and accurate information to the best of your knowledge as required for the purposes of the Service. Ria may not complete the Transfer of funds to the Beneficiary without such information. Subject to Clause 9.4, Ria will not be responsible for any delay or wrong payment due to incomplete or incorrect information being provided by you.
4.7 The Transfer may be cancelled by Ria, in its sole discretion, if the Beneficiary does not collect the Transfer from the Correspondent within fifteen (15) days of the date of the Transfer.
4.8 You acknowledge and agree that:
- 4.8.1 you have obtained the Beneficiary’s consent to providing their personal information to Ria for the purpose of Ria facilitating the Transfer; and
- 4.8.2 you have either provided the Beneficiary with a copy of the Ria Privacy Policy, or you have provided the Beneficiary with an electronic link to the Privacy Policy.
5. Foreign Exchange
5.1. A Transfer will normally be paid out in the currency of the Beneficiary’s country; however, the option to pay out a Transfer in additional currencies may be available in some destination countries and/or through certain Correspondents. Please inquire as to such options at the time you place your Transfer order with Ria. In such case, you will be asked to select the currency to be paid out to your Beneficiary. In the event that, subsequent to the payment of a Transfer to your Beneficiary in the currency you indicated, the Beneficiary would request the Correspondent to convert the payout amount into a different currency, the Correspondent may convert the payout amount to such currency, but such foreign exchange transaction shall be separate and apart from the Transfer, and solely between the Correspondent and the
Beneficiary. Ria shall not bear any responsibility in connection with any fees or obligations which arise from such subsequent and separate foreign exchange transaction.
5.2. In addition to the Transfer Fee applicable to the transaction, in cases where the Beneficiary will receive a currency other than New Zealand dollars (“NZD”), Ria will convert NZD into the payout currency at Ria’s retail currency exchange rate ("Ria’s Exchange Rate") at the time of the Transfer.
5.3. Any monies arising from the difference (if any) between Ria’s Exchange Rate and the wholesale exchange rate received by Ria will be kept by Ria and/or its Correspondents.
6. Refund Information
6.1. Unless payment to the Beneficiary has already been made, and to the extent permitted by law, if you request a refund of your Transfer (or your Transfer is cancelled for any reason), Ria will refund you the principal Transfer amount (at Ria’s Exchange Rate at the time of the Transfer) on the condition that you provide Ria with a copy of a valid receipt and present valid identification. A receipt is not valid unless the corresponding transaction is processed through Ria’s computerised system and contains the computer generated imprint of the Correspondent’s name and address and the correct order number.
6.2. To the extent permitted by law, Ria will not refund the Transfer Fee if the Transfer is stopped or otherwise cancelled at your request.
7. Anti-Money Laundering and Counter-Terrorism Financing
7.1. You must provide all information to Ria which will be reasonably require by Ria to comply with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 or to comply with any laws or regulations in New Zealand or any other country.
7.2. Ria may delay, block or refuse to process any Transfer without incurring any liability or without informing you of the reasons if Ria suspects that you have breached any laws or regulations in New Zealand or in any other country.
8. Receipt
Ria will make available a receipt which can, at your election, either be e-mailed to your nominated e-mail address or collected from any Ria agent or store.
The receipt will set out:
- (i) a unique identifier number (to identify the Transfer),
- (ii) information relating to the Beneficiary,
- (iii) the amount of the Transfer,
- (iv) the Transfer Fee for the Service,
- (v) Ria’s Exchange Rate (where applicable), and
- (vi) the date of the transaction.
9. Liability and Indemnity
9.1. Nothing in this Agreement (including without limitation this Clause 9) operates to exclude, restrict or modify, or has the effect of excluding, restricting or modifying, any statutory
condition, warranty, guarantee, right or remedy implied by law (including the New Zealand Consumer Guarantees Act) and which cannot be excluded, restricted or modified.
9.2. If Ria fails to comply with a statutory guarantee which by law may not be excluded, then to the extent the law permits Ria to limit its liability in respect of such failure, subject to Clause 9.3, Ria’s liability is limited to:
9.2.1 the re-transfer of the principal Transfer amount; or
9.2.2 the payment of the cost of re-transferring the principal Transfer amount.
9.3. The liability of Ria excludes, to the extent that any loss or damage suffered by you is attributable to fault or negligence on your part or on the part of any person for whom you are responsible, such loss or damage. If you provide Ria with incorrect information in the form regarding the Beneficiary, Ria will not be liable for the non-execution or the defective execution of the Transfer. However, Ria will make all reasonable efforts to recover the Transfer. Ria may charge you for the recovery of the Transfer.
9.4. Except as provided below, Ria shall not be liable for any amount in excess of the amount equal to the principal Transfer amount and the Transfer Fee paid by you. Ria accepts no liability for service delays or any failure to perform the transaction in accordance with your instructions if these are due to local regulations or circumstances outside Ria’s control. Ria will not be liable for any indirect or consequential loss. Ria will not be responsible for goods and services that may be paid for by a Transfer.
9.5. Nothing in this Clause 9 will limit Ria’s liability for:
- (i) death or personal injury from its negligence; or
- (ii) fraud committed by Ria.
9.6 You agree to indemnify and hold Ria harmless from and against any loss, damage, cost, claim or liability (including direct and consequential losses such as loss of profits) incurred by Ria:
- 9.6.1 arising from or as a result of your breach of this Agreement;
- 9.6.2 arising from or as a result of any misdescription or misrepresentation in the Transfer form;
- 9.6.3 arising from or as a result of payment to a person whom Ria reasonably believes to be the Beneficiary;
- 9.6.4 in relation to the person you have nominated as the Beneficiary;
- 9.6.5 arising from or as a result of Ria’s cancellation of a Transfer pursuant to your instructions; or
- 9.6.6 arising from or as a result of Ria’s cancellation of a Transfer in accordance with Clause 7.2.
9.7 You agree to indemnify, defend and hold Ria harmless, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable lawyer fees, resulting from any violation of this Agreement by you.
9.8 You also agree to indemnify us against any claims that information or material which you have submitted to us i