TERMS AND CONDITIONS

Last Updated September 2nd 2020

 

1. General

1.1. The following terms and conditions, and any document incorporated by reference (hereinafter the “Terms”) constitute the binding agreement between you (hereinafter “the User” or “You”) and Albercom Ltd, a company registered under the number 512329186, operating the Services of moneysend (via the website moneysend.co.il, the “Website”) and currently regulated as a monetary service provider and pending the approval as a financial asset service provider under the Israeli Law (hereinafter the “Company” or “We”). Those Terms apply to your use of the Website for the services provided by the Company which are the transfer of funds from individuals in Israel to other individuals in the designated jurisdictions (the “Services”).

By using the Services that we perform through our Website, You agree to be bound by these Terms and the related Privacy Policy (link) that You have explicitly read and separately agreed to.

1.2. You understand and agree that we may require the service of third parties for the performance of our Services, including notably credit card issuers and acquirers, and that You are bound by their respective terms and conditions and privacy policy.

1.3. Our Services consist in facilitating the transfer of funds by card payment only from an Israeli citizen to a recipient located in various jurisdictions (hereinafter a “Transaction”). The list of the relevant jurisdictions where our Services are available is displayed on the Website and may evolve from time to time at our sole discretion and we reserve the right to modify it without prior notification to our users. The Transactions can be done only from Israel towards recipient abroad. Our Service do not allow to receive funds from abroad.

YOU MUST READ AND UNDERSTAND OUR TERMS AND CONDITIONS BEFORE YOU ACCEPT THEM. THEY CONTAIN LIMITATIONS ON THE SCOPE OF OUR OBLIGATIONS TO YOU AND LIMITATIONS ON OUR LIABILITY TO YOU IN THE EVENT THAT YOU SUFFER LOSS AS A RESULT OF USING OUR SERVICES.

 

2. Filling the Transaction

2.1. In order for You to proceed with a Transaction, You need to follow the Transaction process as detailed below:

    • First, you need to select a country of recipient, then insert the first name and last name of the recipient, and you may, at your option, insert a phone number to reach the recipient. Depending on the recipient’s country, you may be able to use our Services of transfer on the MasterCard or Visa Card of the recipient. In such case, you are requested to insert the full number of the recipient’s card, without any mention of the expiration date or CVV code.
    • Second, You shall insert the amount You wish to transfer. There are no minimum amount required for a Transaction but there are two cumulative limitations: each single transfer is limited to 5,000 NIS and on a daily basis You are limited to 10,000 NIS.
    • Given the country selected, you will be given an option of foreign currencies available for the Transaction. Once You enter the amount in the currency of your choice, You will see the corresponding amount in NIS and our applicable conversion rate,
    • We expressly indicate the amount of the transfer commission that You will be charged for such transfer. For information purposes only, note that the minimum transfer commission is 5 USD and that the transfer commission to most countries amounts to 1.5% of the Transaction amount, but that percentage can vary at the sole discretion of the Company depending on the country. Nevertheless, the transfer commission in expressly and distinctively stated in Shekels.
    • You will see then the total amount that You will be charged in NIS for the Transaction amount that You have requested. The Transaction amount is the amount that will be received by the recipient.

2.2. If You accept that amount, You are required to fill in your personal details, as sender, which are as follows: first and last name, date of birth, national Israel identification number (as it appears on your ID card), the region and the city where You are resident, your address and your phone number.

2.3. You will receive immediately an SMS with a verification code to continue to the next step. You shall not be able to pursue the process without that verification code. Once you enter the verification code, You will see the Transaction summary.

2.4. By pressing the “Next” button, you agree to these Terms and Conditions and Privacy Policy.

2.5. You are required to read carefully the Privacy Policy; the Terms and Conditions; and at the top of that page, the following questions in respect of the recipient of your Transaction so that you do not become the victim of a fraud or a scam:

Are you sending money:

    • to someone you don’t know or whose identify you cannot verify?
    • to prove to someone that you have the available funds to buy a car, other goods, or to rent a property?
    • to buy a product/service or a pet via internet or anywhere else in response to any offer that sounds very cheap in comparison to their expected price or looks “too good to be true”?
    • to claim lottery prize winnings, inheritance, for “guaranteed” credit card, loan offer, refund of bank charges or attractive investments?
    • in response to an offer, letter or phone call that asks you to send money for a “job offer” or “mystery shopping or a “charity”?
    • to someone at home or overseas who claims to be relative needing cash for an “emergency” and you are unable to verify independently if the caller and the claims are genuine?
    • to someone you met in an on-line chat room or dating web site for financial assistance? Examples: airplane ticket, medical billed, helping a relative, cashing a check, investing in a business deal, etc.
    • to buy goods and services from someone who specifically recommends money transfer through moneysend.co.il as preferred mode of payment?
    • Are you being asked by any third party to provide any details about this Transaction in part or in full by phone, email, fax or website?

IF you answered YES to any these questions, DO NOT SEND the money transfer! Someone may be trying to STEAL YOUR MONEY. Remember neither Albercom Ltd. nor its agents will be liable if you ignore the fraud warnings above and still choose to send money for any of the reasons listed above.

2.6. Once you have read and accepted the Terms, You are redirected to the payment page where You are required to fill in your payment card details in order to proceed with your Transaction. Those details are your credit card number, expiration date, CVV. Your Transaction order is given an order number which appears on the payment details. The payment page on the Website is powered by a third-party service provider providing the clearing services to the Company. The execution of the credit card payment is secured under the PCI-DSS system.

2.7. The User shall not use the credit card of any other person and/or entity. The Company declines any liability towards the owner of a credit card that would have been used through the Website by a User that is not the credit card owner. You is solely and exclusively liable towards the credit card owner for any use made of its credit card.

2.8. Once You approve the payment, the order is given to your card issuer to proceed with the payment. You will receive an SMS to confirm the payment order, sent by your credit card issuer to the phone number associated with the credit card according to the credit card issuer’s database.

2.9. In the event of a rejection of the Transaction, You will receive an SMS of such rejection. You may call us in order to clarify the grounds of such rejection.

2.10. As a last step, You will receive on the phone number You entered during the Transaction process a third SMS with a reference number to the Transaction and the name of the international payment system through which your Transaction is being processed. Such Transaction reference number is essential for the recipient to pick up the Transaction’s funds. 

2.11. If You receive a SMS from your credit card issuer regarding the payment order that was processed on our Website and You are not aware of such Transaction, You should contact directly your credit card issuer. We are not responsible for the use made by any third party of your credit card payment facility.

 

3. Execution of the Transaction

3.1. Our Services allow the recipient of the Transaction to pick up in cash the amount You have indicated in more than 389,000 service points where the Company works with partners, in the following countries: Azerbaijan, Belarus, Bulgaria, China, Cyprus, Czech Republic, Egypt, Estonia, France, Georgia, Germany, Greece, Italy, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Philippines, Poland, Romania, Russia, Serbia, Spain, Turkey, Ukraine, United States of America, Uzbekistan and Vietnam.

3.2. When the recipient picks up the Transaction funds at a service point, he shall indicate the reference number that was transfer in the SMS as detailed above.

3.3. In the following jurisdictions, the funds of the Transaction may also be transferred directly on the MasterCard or Visa Card of the recipient issued by local banks: Russia, Ukraine, Belarus, Azerbaijan, Kazakhstan, and Kyrgyzstan. Note that in such case, the amount transferred will be paid on the credit card and converted into the local currency at the exchange rate of the credit institution that has issued the recipient’s card.

3.4. Should the User wish to correct a mistake in the name of the recipient, or in any other details concerning the recipient, the User shall call our head office immediately at 03-5103301 and we will do our best efforts to correct the mistake, as long as the Transaction has not been paid to the recipient.

3.5. Cancellation. The User understands that once it has transmitted the credit card payment order, the Transaction is under execution, and it cannot be cancelled. Nonetheless, should the User wish to cancel the Transaction, the User should contact as soon as practicable the head office of the Company in order to obtain further information.

3.6. Notwithstanding the above, a Transaction cannot be reversed or cancelled once it has been paid to the recipient.

3.7. The Company may impose additional limits, at its sole discretion, in respect of the amount of Transactions, including in respect of certain countries, or the identity of the recipients of the funds, etc. The Company shall inform the User as soon as practicable of those restrictions and the User shall have no claim against it.

3.8. Nothing in these Terms shall be construed as an obligation of the Company to accept any Transaction before it has been checked in accordance with the Company’s internal policies or to receive any funds from the User. The Company reserves the right, at any time and sole discretion, to reject the Transaction. The User shall not have any claim against the Company in this regard.

 

4. Representations and warranties

4.1. You hereby declare, agree and undertake to the following when using the Website:

4.1.1. You shall not perform any use that contradicts or breaches any provision of the applicable law or regulation, whether directly or indirectly, especially the legal provisions regarding the prohibition of money laundering and the financing of terrorism;

4.1.2. You shall not perform any use of the Services that is intended to create or participate to any scheme of fraud whether in Israel or abroad;

4.1.3. You shall not impersonate a person and/or any other entity, You shall not use the ID number or the credit card number or anyone other than yourself, and You shall not provide false, inaccurate or incomplete data while using the Services, whether concerning You or the recipient;

4.1.4. You shall not allow any third party to use your mean of payment or You will be held solely liable for any use of it for our Services;

4.1.5. You shall not activate viruses, trojan horses, worms and/or any other software on the Website;

4.1.6. You shall not use any means in order to monitor or duplicate the Website and/or the activity carried out through it and/or information presented therein;

4.1.7. You shall not use the Website in any way that may damage it and/or its underlying data sets;

4.1.8. You shall not use the Website and/or carry out actions in a manner that might harm it or make it inaccessible;

4.1.9. You shall not attempt in any way gaining unauthorized access to the computer systems, databases, or networks that are connected to the Website and not make any use of other Users’ data.

4.2. Upon executing each Transaction, You declare, agree and warrant that:

4.2.1. You are at least 18 years of age with a valid Israeli ID document in force and that You possess your full legal capacity;

4.2.2. You fully understand and consent to the Transactions that you submit via the Website;

4.3.3. The funds that are used for the Transaction are your property and You received them lawfully and they are not related, directly or indirectly, to any crime or offense under the laws of the State of Israel and/or the country where the recipient shall receive the funds;

4.3.4. Your performance of a Transaction does not itself constitute an offense under the laws of the State of Israel and/or any other country;

4.3.5. You shall act for your own account and not as the intermediary, agent, trustee or similar position, of any other individual or entity;

4.3.6. You provided all necessary details of the intended recipient, the transferred amount and all other details pertaining to the execution of the Transaction and verified that they are complete and correct, and You are aware of the consequences should those details have been incorrect;

4.3.7. You are informed of and agree to the applicable fees, including the commission and the conversion fees in application of our exchange rate as shown during the Transaction process, and that You agree to pay those for the execution of the Transaction, as the consideration for performance of the Service by the Company and related third parties.

4.3. You may be required to provide further data or information at the discretion of the Company according to the applicable law and the Company’s internal policies, or in accordance with the local regulations of the recipient’s jurisdiction.

4.4. Your refusal to provide such data or failure to provide it within a reasonable time will entitled us to deny the execution of a Transaction or suspend it or cancel it, at our sole discretion, and You shall be prohibited from making any claims against the Company in this respect.

4.5. The Company reserves the right to suspend your activity on the Website, suspend any pending Transaction, (a) where a suspicion arises that You used the Website in breach (i) of these Terms, or (ii) of anti-money laundering applicable legislation or the Company’s internal policies, or (b) where a suspicion arises in connection with any activity related to countries or entities or individuals listed under any applicable sanction list, or (c) due to our internal policies, or (d) if You failed to provide any requested document or information reasonably requested pursuant to our policies. You hereby waive any all claim against the Company in this respect.

4.6. Whenever the Company considers it justified in application to its internal policies, or whenever a reasonable suspicion justifies it, including but not only in the events mentioned in section 4.5 above, the Company reserves the right to seize and freeze any pending amount of any Transaction, in accordance with any applicable law. You hereby waive any all claim against the Company in this respect.

4.7. The use of the Website is personal and private and the User must safeguard any specific code issued in respect of a Transaction. Disclosing the codes to another person, except for the necessary disclosure of the relevant code to the intended recipient of a Transaction, even if not used for commercial purposes, is absolutely forbidden. It is hereby clarified that failure to safeguard the codes and/or the device that was used to access the Website might result with the theft of the User’s identity and/or execution of Transactions in his name and/or transfer of funds to various entities, and the Company shall not be liable of any damage arising therefrom whether directly or indirectly and the User shall waive any claim against the Company.

 

5. Preventing fraud and embezzlements

5.1. The Company and the Services are notably subject to a duty to prevent fraud and embezzlements pursuant to the provisions of Israeli law, and also cooperates in fulfilling this duty with its partners who are subject to their respective laws and regulations.

5.2. The Company reserves the right to cross-check the identity of the recipient through a third-party service provider, in order to verify that the recipient does not appear on any potential sanctioned list, or that he does not raise any suspicion or present any risk. These details may include both personal data and data relating to the User’s Transactions execution history. The Company is entitled to proceed with such verifications at its sole discretion and You hereby expressly consent to it and shall have no claims against it.

5.3. You should prevent any fraudulent use of the Services, and verify the recipient’s identity, the reason and the circumstances of the transfer of funds before you commit to any Transaction.

5.5. We shall bear no liability whatsoever if You choose to ignore any warning against fraud and nevertheless transfers funds.

 

6. Non-withholding of tax  

6.1. The User represents and warrants that the transfer amount is not subject to tax withholding pursuant to exemptions prescribed by law and therefore hereby certifies that the Company shall not be withholding any tax on the amount subject to the Transaction.

6.2. The User further represents and warrants that the Transaction does not constitute an income earned by the recipient.

 

7. Intellectual property

7.1. All intellectual property rights, including copyrights, patents, database rights, designs, trademarks, regardless of whether they are registered or not, the Website and its name, the software, the designs, photos, illustrations, sounds and all other content, including the manner of their presentation (the “Content”) are owned solely by the Company or its affiliates, or third parties as the case may be, and shall remain our or their property. No use shall be made thereof except for the permitted of the Website under these Terms and Conditions.

7.2. Copying, redistributing, broadcasting, publishing, presenting in public, delivering to third parties, creating derivative work, storing part or all of the Website Content in any way whatsoever (temporarily or permanently), or making any commercial or non-commercial use of the Content is prohibited and no changes should be made thereto.

7.3. A User’s input of information on the Website in order to proceed with a Transaction, constitutes a declaration and approval of the User that he is the owner of all the information transferred and the related proprietary rights, that he does not have any restrictions to the process of the information and/or to the granting of permission for the use thereof by the Company and/or anyone acting on its behalf and/or a third party.

 

8. Liability and indemnification   

8.1. The use of the Website is offered to the User “AS IS” and the Website will be used at the User’s sole risk.

8.2. Since the execution of a Transaction is dependent on third parties and computer systems and is subject to the provisions of the relevant applicable laws, whether Israeli Law or the applicable laws in the recipient’s jurisdiction, a Transaction may not be executed or there may be a delay in the execution of the Transaction. The Company shall not be held liable to any direct or indirect damage that will be caused to the User or a third party as a result of non-execution of the Transaction or due to delay in the execution thereof.

8.3. In any case, the Company’s liability shall be limited to the amount of the commission collected from the User for that relevant affected Transaction.

8.4. The Company, its related companies and anyone acting on their behalf, including their employees, managers, advisors, representatives, subcontractors, agents, shareholders and suppliers shall not be liable, in any way whatsoever and under any circumstances, for any damage whatsoever, whether direct or indirect, that will be caused to the User and/or a third party due to the use of the Website in general, the execution of a Transaction, or in connection with the reliance on any specific information and/or any service, material, product, software and any other publication included therein.

8.5. The User hereby undertakes to indemnify the Company its related companies and/or anyone acting on their behalf, including their employees, managers, advisors, representatives, subcontractors, agents, shareholders and suppliers for any damage (including direct, indirect, consequential, incidental and/or special damage, including damage to reputation), loss (including loss of income, loss of information or data), losses, payments or expenses that will be caused to them, including legal fees and court fees, due to any demand, claim and/or lawsuit that will be addressed and/or lodged in connection or against them by any third party, due to any action or failure of the User which constitutes breach of these Terms and/or the provisions of any applicable law.

8.6. The Company is entitled to directly setoff the commission owed to it from the amount of the Transaction as well as any applicable fee, including for the exchange rate. Failure from the Company to do so shall not constitute a waiver of its claim. In particular, the performance by the Company of a Transaction even if the funds were insufficient to cover the Transaction’s amount and/or the commission owed to the Company shall not constitute a waiver by the Company of the remainder of the Transaction’s amount and of its commission.

8.7. The Company bears no responsibility and shall not be held liable to illegal activity or to any breach of right of an entity, including intellectual property rights that may occur in relation with a Transaction.

8.8. The Company bears no responsibility for the correctness of the information and/or the advertisements and/or the commercial information that is published on the Website and/or its quality and/or validity and/or completeness and/or accuracy and/or its adequacy for any purpose whatsoever, nor will the Company be held liable, under any circumstances whatsoever, for any direct or indirect, monetary or other damage that will be caused to the User as a result of using the Website, relying on information included therein.

 

9. Suspension of Transaction before its conclusion

9.1. Nothing in this Website shall impose on you to conclude a Transaction and You may leave the process at any time before validating the execution of any Transaction. 

9.2. The Company shall be entitled to suspend the execution of a Transaction in circumstances mentioned in these Terms and You shall waive any claim against the Company in this respect.

 

10. Changes to the Services

10.1. The Company may at its sole discretion adapt and/or modify the Services and the countries of reception of funds and the User shall have no claim, demand and/or lawsuit in connection with the changes of recipients’ countries or in connection with disruptions, difficulties and/or malfunctions that will occur in relation with the implementation of such changes.

10.2. Other than as required by Israeli Law, the Company does not undertake to maintain backups to the Website and/or information published on the Website, if any, and it may delete data from the Website without giving advance notice or obtaining the User’s consent.

 

11. Continuity of the Services

11.1. The Company does not guarantee that the Website and/or the Services will operate continuously without interruption, disruptions and/or faults, regardless of any force majeure. The Company shall not be liable for any disruption caused to the internet system or any force majeure affecting the Website and/or the due execution of the Transaction. If the discontinuance occurs during the execution of a Transaction, You should contact us to determine the status of execution of the relevant Transaction.

11.2. The Company may discontinue, cancel or change some or all of the Services, and discontinue the activation of the Website, at any given time, without giving advance notice and at its sole discretion.

11.3. If the Service is discontinued, the Company shall not be liable to any damages caused to the User or to any third party.

 

12. Miscellaneous

12.1. Assignment. The Company reserves the right to transfer, assign or delegate its rights and/or responsibilities in whole or in part under the Website and its agreement with You to any third party at any time and without your prior consent. You may not transfer your rights or responsibilities to any other third party.

12.2.The Company may change these Terms at any given time, at its sole discretion and without giving advance notice. The binding wording of these Terms is the wording published on the Website at the relevant time of your use.

12.3. If a Court and/or another competent authority rules that any of the terms of these Terms is illegal or invalid, such term will be adjusted to comply with the requirement of the law in a manner that will retain its original purpose and meaning and the cancelation and/or change of that term shall not impair, derogate or change the other Terms.

12.4. These Terms are governed by the Israeli Law, excluding any conflict of law rules, and the courts of Tel Aviv Jaffa shall have the sole jurisdiction to discuss any dispute relating to this Terms and/or the Website, the use thereof, or arising therefrom.

12.5. Contact. You may contact us by sending an email to info@albercom.com or by calling us at 03-5103301.