Hai Ha Money Transfer - Terms and Conditions

These Terms & Conditions form the basis of a contract between you and Eastern & Allied Pty Ltd (“E&A” or “us” or “we” or “our”), trading as “Hai Ha Money Transfer”, “Remox” and “First Eastern FX”, and apply to your use of the Services.

Please read these Terms & Conditions carefully and ensure that you understand them fully before using the Services. Please note that if you do not accept these Terms & Conditions, you will not be able to use our Services.

By using the Services, you agree and accept all the Terms & Conditions. The Terms & Conditions are provided to you in English. You agree that by using any of the Services, this constitutes your acceptance of the Terms & Conditions.

Definitions

Unless the context otherwise requires, the following expressions shall have the respective meanings set out against them.

Account Details – means your registration information with E&A.
Affiliate – means a business that provides remittance services to customers as part of a remittance network operated by E&A as the remittance network provider.
Receiver (Beneficiary) – means the individual or entity receiving the money
Delivery Method – means method of delivery such as bank credit, cash pickup or delivery.
E&A or “us” or “we” or “our” – means Eastern & Allied Pty Ltd, trading as “Hai Ha Money Transfer”, “Remox” and “First Eastern FX”
Exchange Rate – means the foreign exchange rate for the Send Amount.
Payout Amount – means the amount received by Receiver.
Payment Method – means details of the method of payment.
Send Amount – means the amount of money to be sent.
Sender – means the individual or entity sending/exchanging the money.
Service Fees – means fee for providing the Service including the Sending Fees and any Surcharges
Service Providers – means E&A’s service providers.
Services – means the processing of inbound or outbound money transfer or remittance services via E&A’s branches, via Affiliates and its online platform known as “SWIFT by Hai Ha Money Transfer”.
Terms & Conditions – means all the terms and conditions contained here.
Total Amount – means the total of the Send Amount and the Service Fees.
Transaction Amount – means the sending or receiving amount.
Transaction Request – means the access, use, or attempt to use the Services to make or provide any money transfer or remittance.

A. Your rights and obligations

As a user of the Services, you will not access, use, or attempt to use the Services to make or provide any Transaction Request unless you are at least 18 years old and residing or travelling in Australia, and you warrant that you have the legal capacity to form a legally binding contract in Australia.
For each Transaction Request that you submit, you will pay us the relevant Service Fee in addition to the Transaction Amount. Payment of the Service Fee is required at the time that you submit your Transaction Request. To the maximum extent permitted by law, the Service Fee is non-refundable unless explicitly stated in these Terms & Conditions.
If you submit a Transaction Request that results in E&A becoming liable for charges, including but not limited to a credit card chargeback or other similar fee, you agree to reimburse us for all such charges.
We will apply a fee for processing credit card payments and other payment options.
You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any Transaction Request being processed through the Services.
In connection with any Transaction Request and your use of the Services, you will:

provide us with true, accurate, current and complete information about your identity, and promptly update your personal information if and when it changes;
provide us with any identification and supporting documents as may be requested by us;
provide us with details of your Payment Method;
provide us with true, accurate, current and complete information as is required to use the Services and any other information which may be required in relation to the Receiver; and
provide us with any other information that we consider must be provided for a Transaction Request to be properly executed, as specified when you enter or provide the details of the Transaction Request.
provide an email address that you are the owner of and have access to. If you wish to update your email address you can request by contacting us (Refer to term D clause 4).

When you are using the Services, it is your responsibility to make sure all the details are accurate before submitting a Transaction Request. Once a Transaction Request has been submitted, it is not normally possible to change any details of that Transaction Request. You will be given the opportunity to confirm the Transaction Request before submission and you must check the details carefully.
The details of the Transaction Request will be displayed on the receipt or websites and you will be asked to confirm this. The details will include the details of the Customer, Receiver, Delivery Method, Send Amount, Receiving Currency, Service Fees, Total Amount and Exchange Rate, if any. By paying the Total Amount you agree that the details of the Transaction Request provided are true, complete and accurate. Proceeding with the Transaction Request at this point is entirely optional.
If you believe your submitted Transaction Request has not been properly executed by E&A, you must contact E&A through the channels listed at the end of these Terms & Conditions within 1 month to report your dispute. All disputes must be reported within 1 month from the day of the transaction.
When you pay a Send Amount in one currency and the Payout Amount is in another currency, there may be a difference between the exchange rate at which we buy foreign currency and the Exchange Rate provided to you. E&A usually makes a small profit in these circumstances. We guarantee you that we transfer the full Payout Amount in local currency however we cannot guarantee that the Payout Amount received in the Receiver’s bank account is the full Payout Amount as E&A will have no responsibility for any fees or charges or deductions incurred on the Payout Amount by any intermediary, correspondent or receiver bank. If a Receiver’s account is denominated in a currency other than the currency you instructed us to make payment in, there may be delays, additional charges and/or the Payout Amount may be different to the Payout Amount in the Transaction Request. The Customer is therefore responsible for ensuring that the currency requested for the transaction matches the currency of the account where the funds are to be delivered.
You will only use the Services to send money to people that you know personally or directly and not to send money to people who you do not know. You acknowledge that E&A may refuse to process your Transaction Request where we believe you are using the Services to send money to people you do not know, on behalf of another person unless authorised and approved to do so, or where we believe that the Services are being used, by you or the Receiver, in connection with fraudulent, illegal or unethical activities.
If you choose to pay for goods and services using the Services, you acknowledge that E&A has no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Services is entirely at your own risk.
Both you and the Receiver will only act on your own behalf. You may not submit a Transaction Request or receive a transaction on behalf of a third person without our prior approval. If you wish to submit a Transaction Request or receive a Payout Amount as a Receiver on behalf of a third party, you must first inform E&A of your desire to do so and provide us with any additional information and documentation about the third-party that we may request in order for us to decide whether to proceed with the Transaction Request.
In using the Services, you will comply with these Terms & Conditions and any applicable laws, rules or regulations. It is a breach of these Terms & Conditions to use the Services to initiate Transaction Requests:

to a Customer or Receiver who has violated these Terms &Conditions, or
in connection with what we consider to be fraudulent, illegal or unethical activity including but not limited to money laundering or terrorism financing.

If E&A reasonably believes you are using the Services in connection with any of these or other with fraudulent, illegal or unethical activities, or are permitting a third-party to do so, E&A may cancel the transaction, cease to deal with you as a customer and report you to the appropriate authorities.

When using the Services at our websites, our branches or the branches of our Affiliates or when interacting with E&A, you will not:

breach these Terms & Conditions, or any other agreement between you and E&A;
provide false, inaccurate, or misleading information in regards to your identity as the customer or the Receiver;
allow anyone else access to or to use in any way your Account Details with E&A and you will keep those Account Details safe and secure;
refuse to provide clarification or confirmation of any information you provide to us, including proof of identity, proof of source of wealth, or refuse to cooperate in any compliance review or investigation we may conduct;
create more than one online account without our prior written permission;
use an anonymising proxy to our websites; or
copy or monitor our websites using any robot, spider or other automatic device or manual process.
use our services to provide remittance services to others without a contractual arrangement as an Affiliate and the necessary registrations with the relevant authorities.

You acknowledge that nothing in these Terms & Conditions or in any other information provided by E&A as part of the Services is intended to be, nor should it be construed to be, legal or other advice. If required, you agree to consult your own professional advisers as to the effects of laws that may apply to the Services or your use of them.
You consent to the disclosure of your personal information by E&A to our electronic identity verification providers, and the use by these organisations of your information for the purposes of electronic verification of your identity as outlined in the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (“AML/CTF Act”). This may include using a credit reporting agency and disclosing your full name, residential address and date of birth, for the provider to provide an assessment of whether the information you have provided matches, in whole or in part, information contained in a credit information file they possess.

B. Our rights and obligations

Registration for the Services does not entitle you to make any Transaction Request that you wish to make. We may refuse a Transaction Request at any time and for any reason. Where we permit a Transaction Request, we may still suspend or cancel the Transaction Request or the Services under these Terms & Conditions. E&A reserves the right not to disclose the reason to refuse or cancel a Transaction Request at our discretion.
Here are some examples of when that may occur.

We may, in our absolute discretion, refuse or cancel a Transaction Request where we believe that the Services are being used, whether by you or the Receiver, when there is a suspicion of illegal, fraudulent or unethical activities.
We may, in our absolute discretion, refuse or cancel a Transaction Request or terminate business relationship with you where we believe that the Services are being used, whether by you or the Receiver, to provide remittance services to others without a contractual arrangement as an Affiliate and the necessary registrations with the relevant authorities.
We may in our absolute discretion, refuse or cancel a Transaction Request on the basis of Customers or Beneficiaries, including but not limited to entities and individuals on restricted or prohibited watch lists issued from time to time by any government authorities, if we are required to do so by law, or where we have reason to believe processing the Transaction Requests would violate any local laws and regulations.
We may refuse to process a Transaction Request funded by any Payment Methods where we have reason to believe that the Payment Method has been compromised or where we suspect the unauthorised or fraudulent use of the Payment Method.
We may in our absolute discretion, refuse or cancel a Transaction Request if we believe you are using the Services to purchase goods or services from unknown/suspicious third parties or in any way related to a suspicious purpose.
E&A does not offer services to speculate on exchange rates. Therefore, for each Transfer Request that you order via the E&A online platform or via email/phone, you agree that you will make a payment for it. You have 1 day to pay for a transaction that you order via online or in-branch. We will, in our absolute discretion, cancel a Transaction Request where we have not sighted funds in our bank account within a certain period of time (normally 2 business days). If the transaction is cancelled and funds are already transferred to us, you need to place a new order at the current market rate.
We may in our absolute discretion, refuse or cancel a Transaction Request if:

We have a reasonable measurement to believe that you have use online platform to speculate exchange rate.
we are unable to verify your identity;
we are unable to verify the identity of the Receiver if required;
you do not comply with information, information confirmation and/or document requests; or
we believe you are using the Services, or you are allowing it to be used, in breach of these Terms & Conditions or any applicable laws, rules or regulations.

Where we have refused or cancelled a Transaction Request we may also, at our discretion, temporarily or permanently suspend your registration associated with your Account Details (“Registration”). Where we temporarily or permanently suspend your Registration, or refuse or cancel a Transaction Request, E&A is entitled to deduct any reasonable cancellation fee, cost or expense incurred by E&A (“Cancellation Fee”) before making any refund.
E&A will have no responsibility for any fees or charges you may incur by the use of a particular Payment Method to funds a Transaction Request. These may include but not limited to unauthorised overdraft fees imposed by banks if there are insufficient funds in your bank account or "cash advance" fees and additional interest which may be imposed by credit card providers if they treat use of the Services as a cash transaction rather than a purchase transaction.
In most cases, the length of time required for the receiver to receive the payout amount ranges from 1-3 business days since the date we receive the full payment from you. However, this length might vary due to different factors and we do not hold any liability for any reasons that are beyond our control, which include but are not limited to:

Bank Holidays;
Techincal problems from our remittance partners;
Natural disasters; and
Labour problem or strike.

We will send the full Payout Amount as outlined in the invoice and do not accept any liability for any potential charges, losses to you or any third party resulting as a result of fees charged by any intermediary (correspondent) banks or by the receiver bank. Such separated charges are not within our control and are not reflected on our invoice.
We do not accept any liability for any potential losses to you or any third party resulting from a non-payment or a delay in payment of the intended receiving amount (“Payout Amount”) to the Receiver or failure to perform a Transaction Request under the Services if you are in breach of your obligations listed earlier.
In order to comply with our obligations under relevant laws, E&A reserves the right to request further information or evidence including but not limited to the purpose of a transaction, source of wealth to funds the transaction and the relationship between the Customer and the Receiver.
We will use, hold and disclose personal information about you in accordance with our Privacy Policy (https://hhmt.com.au/privacy-policy) available on our websites.
We warrant that the Services will be provided with due care and skill and in accordance with the Transaction Request. Our sole obligation in the event that we fail to comply with is warranty is, at our option, to perform the Services again or to refund the Service Fee. Except to the extent implied by law, we accept no other liability in relation to the supply of the Services.

C. Your rights to cancel the transaction and to access a refund

To the extent permitted by law or these Terms & Conditions, once we have received your Transaction Request, you do not have the automatic right to cancel it.
Notwithstanding this, E&A may, in its absolute discretion, attempt to cancel your Transaction Request if you have informed us that you wish to revoke it. In some cases, E&A may have already initiated a request for funds to be paid out to your Receiver by its service provider that cannot be reversed, and therefore cannot guarantee cancellation will be successful. For successful reversals E&A will normally refund your money, less any reasonable reversal charges and any Cancellation Fee, within five (5) Business Days.
If you have any problems using the Services or are aware of any unauthorised or incorrectly executed Transaction Request, contact us through the channels listed at the end of these Terms &Conditions without delay.
A request for a refund must be submitted to one of the contact points listed at the end of these Terms & Conditions giving the Customer's full name, address, and phone number, together with the Transaction Request number, Transaction Amount and the reason for your refund request.
If we have executed the Transaction Request in accordance with the instructions you have provided to us, and either the information is incorrect or the Transaction Request has been a result of a scam or fraud where the Customer is a victim, we will make reasonable efforts to recover the funds but we are not liable for the execution of the Transaction Request. We may charge you a reasonable fee to try to recover the funds.
Where E&A has executed the Transaction Request that was not in accordance with the Transaction Request, E&A will refund the full Total Amount paid to E&A. Unless there are exceptional circumstances, no adjustment will be made for any currency fluctuations that may have occurred between the time you pay us the Total Amount and the time of the payment to the Receiver. Any refunds will be credited back to the same Payment Method used to funds the Transaction Request and in the same currency.

D. Electronic Communications

You acknowledge that these Terms & Conditions shall be entered into electronically or via acceptance of your signature and that the following categories of information ("Communications") may be provided by electronic means:

these Terms & Conditions and any amendments, modifications or supplements to them;
your records (e.g. Transaction Requests) through the Services;
any initial, periodic or other disclosures or notices provided in connection with the Services, including without limitation those required by law;
any customer service communications, including without limitation communications with respect to claims of error or unauthorised use of the Services; and
any other communication related to the Services or E&A.

You may withdraw your consent to receive Communications electronically, but if you do, we will still be able to contact you for the purposes of fulfilling your Transaction Request. In order to withdraw your consent, you must contact us using our contact information at the end of these Terms and Conditions.
In order to access and retain Communications, you must have or have access to the following:

an internet browser that supports 256 – bit such as Internet Explorer version 9.0 or above;
an email account, email software capable of interfacing with E&A email servers and the capability to read email from E&A, and a device and internet connection capable of supporting the foregoing; and
sufficient electronic storage capacity on your electronic device’s hard drive or other data storage unit; or
a printer that is capable of printing from your browser and email software.

In addition, you must promptly update us with any change in your email address by contacting us via email, phone or post. In compliance with our privacy policy, we must carry out our verification before we can update your registration profile

E. General

No waiver of a right or remedy under these Terms & Conditions is effective unless in writing and signed by us, and will not constitute a waiver of any other right or remedy under, or condition of, the contract between you and us.
The contract between you and us is governed by the laws of New South Wales, Australia and the parties irrevocably and unconditionally submit to the jurisdiction of the courts of New South Wales, Australia.
The contract between you and us may not be modified except with the written agreement of E&A. No local, general, or other trade customs will be applied to alter the terms of the contract.
The consent of E&A to anything under these Terms & Conditions may be withheld in E&A’s absolute discretion.
Any part of the Terms & Conditions, which is wholly or partially void or unenforceable, is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of the Terms & Conditions is not affected.
The Terms & Conditions constitute the entire agreement between you and us with respect to its subject matter and supersedes all prior communications and negotiations between you and us.

F. Changes to the Terms & Conditions

E&A may change these Terms & Conditions from time to time. The version number and date of that version will appear on the current version.
The version of the Terms and Conditions current at the date of a Transaction Request will continue to apply notwithstanding any variation made after that time.

G. Contact Us

Questions, notices and requests for refunds or further information should be sent to E&A by one of the following:

In person at one of our branches
online at https://hhmt.com.au/contact-us/
email to info@hhmt.com.au
telephone at +61 (2) 9728 7928
by post to: Attn: Customer Service, Eastern & Allied Pty Ltd, 56 John Street, Cabramatta, NSW 2166, Australia

Version 3
Last revised: 31 July 2020