1. INTRODUCTION

This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the money transfer services (the Services) listed on this website (the Website) to you. Please note, in these Terms and Conditions our use of the term ‘Services’ includes, without limitation, money transfer services, money remittance services, international money remittance services and Payment Services in accordance with Schedule 1 Part 1 of The Payment Services Regulations 2017.Before confirming your order please:

  • Read through these terms and conditions (the Conditions) and in particular our cancellations and returns policy at clause 11 and limitation of our liability and your indemnity at clause 15
  • Print a copy for future reference.
  • Read our privacy policy regarding your personal information.

By ordering any of the Services listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.

We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.

2. ABOUT US

2.1. This Website is owned and operated by Overseas Express (we/us/our), a private limited company registered in Scotland, UK under company number: 03267384 having our registered office at 178 ALUM ROCK ROAD BIRMINGHAM B8 1HU • United Kingdom.

2.2. We are a member of, and regulated by, the Financial Conduct Authority (FCA), a regulatory professional body for the purposes of regulating our Payment Services activities in accordance with the Payment Services Regulations 2017. We can be identified on the FCA Register by our registration number: 555032. We are regulated by the FCA and HMRC. The professional conduct rules and regulations can be found at http://www.fca.gov.uk.

3. COMMUNICATIONS

3.1. You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices,information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

3.2. We will contact you by email or provide you with information by posting notices on our Website.

4. OVERSEAS ORDER

4.1. Our Website is intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom), the EU and internationally.

4.2. We may accept your order if you are resident in the European Economic Area (EEA) or internationally,subject to reserving a right to amend the specifications or standards of the Services offered on the Website and/or these Conditions or to refuse to accept an order for our Services from you, if it will put an excessive strain on our business or if we have an objective reason for doing so. If we accept your order, you will be liable to pay for all and any additional costs that we incur in order to facilitate your order. You will have an opportunity to cancel your order in casethe additional costs are not acceptable.

4.3. If we agree to supply any Services ordered from the Website for delivery outside the United Kingdom they may be subject to fees, duties and/or taxes or expenses incurred due to complying with local andforeign regulatory requirements or laws. You will be responsible for payment of any such duties and/ortaxes in addition to our price. Please note that we have no control over these charges and cannot alwayspredict their amount. Please contact your local customs office or taxation authority for further informationbefore placing your order.

4.4. You must comply with all applicable laws and regulations of the country for which the Services are destined. We will not be liable for any breach by you of any such laws.

5. REGISTRATION

5.1.This Website is owned and operated by Overseas Express (we/us/our), a private limited company registered in England and wales, under company number: 03267384 having our registered office at 178 ALUM ROCK ROAD BIRMINGHAM B8 1HU, United Kingdom.

5.2. By registering on the Website you undertake:

  • 5.2.1. That all the details you provide to us for the purpose of registering on the Website and purchasing the Services are true, accurate, current and complete in all respects
  • 5.2.2. To notify us immediately of any changes to the information provided on registration or to your personal information
  • 5.2.3. That you are over 18 or if under 18 you have a parent or guardians permission to register with and purchase the Services from this Website in conjunction with and under their supervision
  • 5.2.4. To only use the Website using your own username and password
  • 5.2.5. To make every effort to keep your password safe
  • 5.2.6. Not to disclose your password to anyone
  • 5.2.7. To change your password immediately upon discovering that it has been compromised
  • 5.2.8. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
  • 5.2.9. To provide us with correct, accurate, complete and truthful details concerning

(i) the money remittance transaction or transactions you instruct us to remit,

(ii) the payee or beneficiary’s correct, true, accurate and complete details, including name, address, bank account number and any other information concerning the payee or beneficiary we require from time to time,

(iii) your full name, address, bank account number and any other information we require of you from time to time, and

(iv) any other information we request of you prior to us completing the Services

  • • 5.2.10. Not to use our Services to commit fraud, money laundering, financial crime, financing terrorism or any similar activities. You expressly agree that we have an immediate right to immediately cancel any Services or account provided to you, without notice to you, and to report it to the appropriate policing or regulatory authority, where we suspect or detect that any crime is being committed by you, the payee or beneficiary or any third party on your behalf.

5.3. You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.

5.4. We reserve the right to terminate an agreement formed with you pursuant to clause 9 below and to suspend or terminate your access to the Website immediately and without notice to you if:

  • 5.4.1. You fail to make any payment to us when due
  • 5.4.2. You breach these Conditions (repeatedly or otherwise)
  • 5.4.3. You are impersonating any other person or entity
  • 5.4.4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
  • 5.4.5. We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
6. ELIGIBILITY TO PURCHASE FROM THE WEBSITE

6.1. To be eligible to purchase the Services on this Website and lawfully enter into and form contracts with us, you must:

  • 6.1.1. Be 18 years of age or over
  • 6.1.2. Be legally capable of entering into a binding contract
  • 6.1.3. Provide full details of an address in the United Kingdom or the European Economic Area (if you reside in the EEA) or your local country address for the performance or delivery of the Services

6.2. If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.

6.3. Identification requirements for Online Payment:

  • 6.3.1. Valid Photo identification (Passport or Driving License) Coloured and Clearly readable scan - Visa scan is required along with it if you have a non-British passport)
  • 6.3.2. Address Verification (any valid utility bill / bank statement or council tax bill (please note that the bills should be at least 90 days valid.)
  • 6.3.3. Your complete contact details

6.4. Please find that Overseas Express is authorized to verify your provided documents for identification purpose with independent online source to confirm the validity/authenticity.

  • 6.4.1. Also note the following:

i. This membership is not meant to be operated for business purposes

ii. Your requests may require a minimum of 2 working days in order to be verified and processed

7. PRICE

7.1. The prices of the Services are quoted on the Website

7.2. Prices quoted are for performance of the Services in the United Kingdom unless otherwise specified.

7.3. Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered).

7.4. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Services to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in any other costs of third party services). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before we have commenced providing the Services.

8. PAYMENT.

8.1. Payment can be made by any major personal (not commercial) prepay, credit or debit card or through an electronic payment account as explained on the order form.

8.2. By placing an order, you consent to payment being charged to your debit/credit card account or electronic payment account as provided on the order form.

8.3. Payment will be debited and cleared from your account before the provision of the Service to you.

8.4. When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.

8.5. By accepting these Conditions, you:

8.5.1. Undertake that all the details you provide to us for the purpose of purchasing the Services are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Services ordered

8.5.2. Undertake that any and all Services ordered by you are for your own private or domestic use only and not for resale

8.5.3. Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention

8.6. We shall contact you should any problems occur with the authorisation of your card.

8.7. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.

9. ORDER PROCESS AND FORMATION OF A CONTRACT

9.1. All orders are subject to acceptance and availability. If any Services ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.

9.2. Any order placed by you constitutes an offer to purchase the Services from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.

9.3. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly

9.4. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Services ordered by you from the Website.

9.5. A contract between you and us (the Contract) incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we shall be providing the requested Service or made it available to be downloaded. We will send you an email to confirm this (a Confirmation Notice). The Confirmation Notice will amount to an acceptance of your offer to buy the Services from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).

9.6. Where we agree to supply Services to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time (the Minimum Duration). The length of the Minimum Duration will depend on which package or product you have selected to purchase and is provided on the Website.

9.7. The Contract will relate only to the Services stated in the Confirmation Notice. We will not be obliged to supply any other Services which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.

9.8. You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.

9.9. You will be subject to the version of our policies and Conditions in force at the time that you order the Services from us, unless:

9.9.1. Any change to those policies or these Conditions is required to be made by law or governmental authority

9.9.2. We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice

9.10. In some cases, we accept orders from agents on behalf of customers. The resulting legal contract is between you and us, and is subject to these terms and conditions, which the agent will advise you of directly. You should carefully review these terms and conditions as they apply to the transaction.

10. DELIVERY

10.1. The Services will be provided to you and delivered to the beneficiary or recipient at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders. We may where appropriate and at our option, deliver all or part of the remittance, to the account number, or account name, or telephone number or email address you supplied on registration or such other account name or account number or telephone number email address that we agree to use for the purposes of remitting the funds to the beneficiary or to communicate with you or the beneficiary.

10.2. Any dates quoted for completing performance of the remittance service are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.

10.3. We shall not be liable for any delay in completing performance of the Service, however caused.

10.4. The remittance services may be sent in instalments.

11. CANCELLING YOUR CONTRACT AND RETURNS

11.1. Cancelling before receiving a Confirmation Notice

11.1.1. You may cancel your order for the Services at any time prior to receiving a Confirmation Notice from us so long as you contact us in writing. You can send us a cancellation notice by sending an email to overseas.express@btconnect.com or a letter to 178 ALUM ROCK ROAD BIRMINGHAM B8 1HU • United Kingdom. Your cancellation notice must quote your name, address, the name or a description of the Services and your order reference number.

11.2. Cancellation after receiving a Confirmation Notice

11.2.1. You are entitled to cancel your Contract and obtain a refund before we complete the money remittance Service or within 7 working days from the date of the Confirmation Notice, whichever is applicable. This also applies, where appropriate and subject to clause 11.4, to items that are available to be downloaded. However, you will no longer have a right to cancel if, with your agreement, we have already completed providing the Services to you before this period of time expires. We shall be deemed to have already completed providing the money remittance Services, in circumstances where payment of the funds has already been deposited into your or your beneficiary’s bank account or similar account or you or your beneficiary have already accessed the funds or downloaded products or materials necessary to access the funds, that we made available to you, from the Website or other similar shared platform.

11.2.2. You may notify us of your wish to cancel by sending us a cancellation notice to overseas.express@btconnect.com or a letter to 178 ALUM ROCK ROAD BIRMINGHAM B8 1HU • United Kingdom. Your cancellation notice must quote your name, address, the name or a description of the Services and your order reference number.

11.2.3. Upon receiving your cancellation notice, we will contact you providing any necessary instructions which you will be required to follow.

11.2.4. So long as you have complied with your obligations under this clause, we will refund the purchase price to you by crediting the payment card you used to purchase the Services.

11.3. Cancelling ongoing Services

11.3.1. Some of the Services that we provide are available for either a fixed period or unspecified period of time. In this clause these Services are referred to respectively as Ongoing Fixed Term Services and Ongoing Non-Fixed Term Services.

11.3.2. You are entitled to cancel your Contract for any Recurrent Fixed Term Services and Recurrent Non-Fixed Term Services that you have purchased and obtain a refund within 7 working days from the date of the Confirmation Notice. This also applies, where appropriate, and subject to clause 11.4, to items that are available to be downloaded.

11.3.3. You will no longer have a right to cancel any Ongoing Fixed Term Services if, with your agreement, we have already commenced providing this service to you within 7 working days from the date of the Confirmation Notice, unless otherwise expressly agreed by us in writing. We shall be deemed to have already commenced providing the Ongoing Fixed Term Services, in circumstances where you have already downloaded products or materials that we made available to you from the Website.

11.3.4. In these circumstances you cannot cancel the Contract for any Ongoing Fixed Term Services until the end of the Minimum Duration (even where the Minimum Duration is more than one year) and you will not be entitled to a refund, unless otherwise expressly agreed by us in writing.

11.3.5. Although you may notify us of your intention to cancel an Ongoing Fixed Term Services at any time, such notice will only take effect after the Minimum Duration has elapsed. You may notify us of your wish to cancel the Ongoing Fixed Term Services by sending us a cancellation notice to overseas.express@btconnect.com or a letter to 178 ALUM ROCK ROAD BIRMINGHAM B8 1HU • United Kingdom. Your cancellation notice must quote your name, address, the name or a description of the Services and your order reference number.

11.3.6. We may, at our sole discretion, agree to temporarily suspend any Ongoing Fixed Term Services if you will be unable to use the service, such as, for example, if you have insufficient funds in your account to effect the money remittance. We will require at least 3 working days’ advance notice from you for this to be implemented. The maximum period of suspension will be 3 weeks in any calendar year. You may use the same contact details for providing a cancellation notice to request the Ongoing Fixed Term Services to be suspended.

11.3.7. You will still have a right to cancel any Ongoing Non-Fixed Term Services if we have already commenced providing this service to you within 7 working days from the date of the Confirmation Notice, upon giving us 6 weeks advance notice in writing. You may notify us of your wish to cancel by sending us a cancellation notice to overseas.express@btconnect.com or a letter to 178 ALUM ROCK ROAD BIRMINGHAM B8 1HU• United Kingdom. Your cancellation notice must quote your name, address, the name or a description of the Services and your order reference number

11.4.1. If you expressly agree to us beginning to provide any services before the end of the cancellation period.

11.4.2. The Contract is for the sale of financial services

11.5. Incorrectly priced or described Services