Vavita terms of service

Version 0.1 (0924)

PART 1: Introduction

1. The Parties & Terms
1. This document (the Terms) details our agreement with you (the User).
2. Vavita is a trade name of Istimar Tech Limited (we, us, our, the Company).
3. Istimar Tech Limited is registered as a Money Service Business with Fintrac in Canada.
4. Collectively, the User and the Company are referred to as the Parties, and each is a Party.

2. About the Terms
1. If you use any of our Services, you agree to be bound by the Terms.
2. These terms apply:
1. To the website at www.vavita.co (including any subdomains, applications or pages)
2. To any Vavita App for any device
3. To any quote or payment transaction
4. To any User or Customer who performs any action using our Services, including requesting a quote, signing up to our mailing list, executing a transaction, creating a profile, or any other activity
3. THESE TERMS ARE IMPORTANT, PLEASE READ THEM IN FULL, AS WELL AS OUR COOKIE POLICY, PRIVACY POLICY, AND ANY OTHER INFORMATION WE PROVIDE YOU WITH.
4. If you do not consent to being bound by the Terms, you must stop using the Services immediately.

PART 2: General Terms

3. Using our Services
1. You must be at least 18 years old to use our Services
2. You must only use our Services:
1. Safely
2. Yourself, and not on behalf of any other person or legal entity, nor by providing your user credentials to any other person to carry out any activity on your behalf
3. For permitted purposes
4. From a jurisdiction we support, and transacting between jurisdictions which we support
5. In accordance with these Terms, and with any other instructions we provide you with on a case-by-case basis including the reasonable requests of our Customer Support Agents
6. In a manner fully compatible with the laws and regulations in any relevant jurisdiction4. You must never use our Services:1. To commit or conspire to commit fraud, money laundering, financing of terrorism or proliferation financing, or any other illegal activities in any jurisdiction
2. If you or any beneficiaries of Payment Transactions are under any Economic Sanctions, or are Politically Exposed Persons
3. If you have been blocked from using our Services for any reason
4. To transfer money for any purpose not permitted by law, or not permitted by our Terms
5. To register more than one account with us in the name of the same individual
6. In a way which, with respect to finance, reputation, physical safety, IT security, or otherwise, threatens us, our systems, our brand, our reputation, our customers, our partners, or any other parties with whom we have a relationship
7. Having provided us with any false information, falsified documents, or false statements
7. You agree to cooperate with any investigation that we, or any law enforcement agency or regulator, may carry out for any reason, commit to providing accurate information as we may require, and communicating with us in a timely fashion, in any such cases.
5. You may not under any circumstances do anything which may infringe on intellectual property rights we may have, including copying, licensing, modifying or renting out any or any part of our trade marks, logos, code, website, app, legal terms, processes or anything else related to any of our business activity.

4. Fees & Commissions
1. You agree to pay our Fees any exchange rates that may apply to any transactions that you execute using the Services
2. Fees become due to us at the time that you submit your transaction request
3. You or the beneficiary of the transaction may have to pay other charges (such as taxes or bank fees) which are outside of our control and are not charged by us. Where possible we will endeavour to identify these before you send any money.
4. We can your funds that you send to us or to our Collection Agents to pay what you owe to us.

5. Our responsibilities

1. We are responsible for foreseeable loss which we cause. This means a loss we could have expected to occur and could reasonably have avoided.
2. We’re not responsible (to the extent allowed by law) for losses which:
1. were unforeseeable or unavoidable
2. which arise due to our legal obligations, arise from a need to comply with our obligations under the law
3. in the case that you are acting in breach of any terms of this agreement
4. if we’ve blocked you or refused you service, whether presently or in the past if that instance has not been fully rectified to both parties satisfaction
3. In all cases, losses you may be able to claim are limited. For each Transaction completed through us, the most you may claim will be the total Fees & Commissions you have paid for it.
4. In the case you have any problems whatsoever with our services, and in particular if you think you or we have made any mistakes, you must contact us immediately. If any refunds are due, as per local laws, then  once we’ve paid you a refund, we are no longer responsible for paying you anything further. In certain cases, we may be entitled to not refund you, or refund you less than you paid us, for example where we have incurred costs, or the exchange rate has changed. In some cases, you may not be entitled to a refund, in particular if you have not contacted us in good time or you’ve been dishonest or fraudulent, or used the Services in a way not compatible with the Terms.

6. Our rights
1. We may refuse, cancel, suspend or delay our services if:
1. we believe your account may be compromised
2. we believe that your account may have been used fraudulently
3. law enforcement agencies, courts or regulators request or require that we do so
4. there is an operational incident or regulatory decision or change which temporarily or permanently means we are unable to lawfully or practically provide the services

7. Termination
1. This Agreement starts when you access our website, or register with us. It will continue until terminated in writing by you or us.
2. We reserve the right to terminate this agreement without notice for any or no reason.

8. Variations to this Agreement
1. We will change this Agreement from time to time for various reasons, including regulatory or legislative changes, changes in our operational workflows, to modify, improve or expand the Services, or for other reasons.
2. We will only give you notice of such variation of the Agreement where legally required
3. If you don’t wish to accept any changes to the Agreement, you can terminate it and stop using the Services at no cost, so long as you give us written notice before the change occurs.

9. Measures to ensure your safety
1. For your safety and security you are reminded NEVER to:
1. Send money to people you don’t know well
2. Keep passwords, credit card details or personal details which may be used to access your financial assets or commit fraud including identity theft in an easily accessible place or in an unencrypted manner, nor transmit them (including to us) in any way not in keeping with these Terms
2. You commit to PROMPTLY inform us if:
1. you get messages from anyone pretending to be us
2. you believe your credentials or the device you use to access our Services may have been compromised
3. someone attempts to coerce or force you to use the Services or provide us with information against your will, or execute a transaction on their behalf
3. We will refuse to accept any liability if these steps are not followed, they are included here to ensure your safety.

10. Complaints
1. If you have a complaint, let us know at team@vavita.co and we will to our best to address it. We’ll investigate it and aim to provide a Final Response to you within 15 business days. If it takes longer than that to address your complaint, we we’ll let you know within that time, and shall provide a Final Response within 35 business days.

11. Contacting each other
1. You may contact us at team@vavita.co. We may contact you using the email, phone, social or postal addresses which you provide to us. You commit to keeping these details up to date on our systems.

12. Additional terms
1. You agree to let us use your information to provide Services to you and communicate with you in a manner that we reasonably believe may be of value or interest to you. Where required to facilitate the Services (but not for marketing purposes), you agree that we may share your information with third parties. This is often required when executing cross-border payments due to the fact that multiple regulated companies in different jurisdictions have responsibilities under their local laws to collect such information to prevent money laundering, terrorist and proliferation financing, and for other reasons. You are entitled to refuse to accept this paragraph in writing, but if you do so, we will not be able to provide you with any Services.
2. This Agreement is between the Parties. No other person(s) have any rights to enforce any terms herein.
3. If we don’t enforce a right immediately, we may still enforce it at a later date and have not forfeited that right.
4. Our rights & obligations under the Terms may be transferred to another company at a later date at our sole discretion, and the relationship will continue between you and that company. However, you cannot transfer your rights or obligations.
5. This Agreement constitutes the entire agreement between the Parties and supersedes all previous communications and explicit or implicit agreements.
6. If any part of these Terms cannot be legally enforced, the remainder shall remain in full force subject to the minimum possible amendment to these Terms such that they become compatible with the respective law.
7. You consent to important information including these terms being delivered electronically.
8. English law applies to these Terms, and the courts of England & Wales have exclusive jurisdiction to settle any disputes. The laws of other countries may sometimes apply to the use of our services.

PART 3: Money Transfer

13. Definition of Money Transfer
1. Our Money Transfer Service lets you send money overseas.
2. This Money Transfer Service must only be used to send money to people or entities which you know and trust
3. The Money Transfer Service is normally available 24/7/365, however, availability may be limited at any time and for any reason without notice.
4. By sending a Transaction Request, you commit to allowing us to send money on your behalf, and you commit to agreeing to the Terms and the Fees & Commissions presented.
5. We have not agreed to providing the Money Transfer Service with respect to a specific Transaction Request until we confirm that we have accepted it, and we have performed certain checks. In particular, we are responsible for checking details about the transaction, the sender (you), the beneficiary, and other details for the purposes of countering money laundering, terrorist & proliferation financing, and no transfer of funds will take place until such checks are complete.

14. Onboarding requirement
1. Anyone (subject to the restrictions in these Terms) may become a User of our services by registering their email or social accounts with us. This will allow them to view the website, request quotes, and get to know what we offer.
2. Prior to us facilitating any Money Transfer, a User must be formally onboarded by us to become a Customer. This is because of the regulated nature of the Money Transfer process, and will entail us collecting information and performing checks on you.
3. You hereby consent to us sharing information, as strictly necessary, with third parties that we use to verify your identity, your address, other details you provide to us (such as your university course or your income). These third parties will not contact you and we are not selling them your information – we are purely using their services to verify what you have told us.
4. We may refuse to onboard anyone, for any reason, as a Customer and it may not always be possible to confirm why this has been the case.

15. Details we require
1. Various pieces of information and supporting documentation may be required to be collected before we can facilitate any Money Transfer for a Customer. These may include, but are not limited to:
1. With respect to you (the Customer): full name, date of birth, physical address, country of residence, proof of identification and proof of physical address, email address, phone number
2. With respect to whoever you are sending the money to (the Beneficiary) if they are an individual: full name, date of birth, physical address, country of residence, bank account details as per local market conventions
3. With respect to whoever you are sending the money to (the Beneficiary) if they are a legal entity: the entity name, registered address, country and company number if applicable, an invoice demonstrating the purpose for the payment, and other details as we may require depending on various factors
4. With respect to whichever student is being supported somehow through this transaction (the Student): proof of the status of the student, student’s full name, the university they are attending, course start date, and any other proof which may be required based on the specific transaction, email address, phone number, confirmation of their consent to be contacted
2. Based on our requirements to collect information in accordance with respective legislation and our AML Policy, certain information may be required from you:
1. at the point of registration (onboarding)
2. at the point of quoting for a transaction
3. after a transaction quote has been accepted (including after you have paid funds to us or our Collection Partner
4. after a transaction has been executed

16. Execution of Money Transfers
1. When a Transaction Request is received (i.e. you are onboarded as a Customer, have accepted our quote, and have submitted a transaction for processing), it’s generally not possible to make any amendments. The quote provided is valid only for that transaction, at that time, and you may need to request a new quote to make any changes.
2. The Company’s focus is to facilitate money transfers from jurisdictions which are not well-served today. Given the infrastructure available in these jurisdictions, it may take up to five business days for funds to be received by a Beneficiary, and (if available) for this information to be confirmed back to you. Holidays, technical outages (whether ours, our Partners’, or the beneficiary or intermediary bank or financial institution), Force Majure events, or requirements by police, regulators, or under laws of any jurisdiction may delay Money Transfers.
3. We may refuse to facilitate a Money Transfer at our sole discretion. However, if we do this, we’ll endeavour if possible to tell you why. We won’t be responsible losses in such cases.
4. Limits may be applied to how much may be transferred from, or to, a specific Customer or Beneficiary, over a certain period. We’ll endeavour to make such limits clear, but Transaction Requests exceeding those limits will not be processed.
5. Quotes are valid for a fixed period as communicated to you via the Service. If you make a payment outside of that period, we may need to provide you with a new quote, or you may need to pay an administration fee for us to refund your money.

17. Fees & Commissions
1. An Exchange Rate is the price of one currency relative to another at a specific time – for example if one British Pound (GBP) is worth two US Dollars (USD), then the Exchange Rate of USD per GBP (USD/GBP) is 2/1 = 2.000
2. Where currencies are widely traded, there are generally publicly-available sources for exchange rates (for example, Yahoo, Bloomberg). For currencies which are less widely or freely traded, public sources for Exchange Rates are not representative of the actual cost of converting between those currencies. We focus in particular on currencies where public Exchange Rates are not so widely available for that reason, because we believe that consumers often get a bad deal today in such cases. This means that there is not a reliable ‘market rate’ to refer to in many cases.
3. We keep track of a variety of sources of Exchange Rate information for the currencies we support, and we aim to offer a competitive price and safe, smooth and transparent Money Transfer service to our Customers.
4. When you request a quote using our Services, we’ll provide you with a quote which tells you:
1. the total amount you’ll need to pay to us or our Collection Partner
2. how much the Beneficiary will receive
3. how much in Fees & Commissions we will retain for the money transfer
4. an approximate timescale for the money to be received by the Beneficiary (this assumes, among other things, that you pay us promptly)
5. where you should send the funds once you’ve confirmed you’d like to proceed
6. how long the quote will remain valid (after this time, the price may change)
7. other details which may be legally required
5. Our Fees & Commissions, and the quotes we provide, can change without notice