1General provisions
1.1
The agreement (made up of the payment order form (the “Order”) and these terms and conditions (“T&C”)) is between you and Kabul Zalmai Exchange Ltd, a company registered in England and Wales under company number 17414625, whose registered office is at 4 Tooting High Street, London SW17 0RG, and whose branch is at 159 Upper Tooting Road, London SW17 7TJ (“Kabul Zalmai Exchange”, “we”, “our” or “us”). Kabul Zalmai Exchange is registered on the Financial Conduct Authority (“FCA”) register (reference number 1064709) as an agent of Ariana Exchange Limited (FRN 576266) and Euronet Payment Services Ltd (FRN 504630) (each a “Principal”), which are regulated by the FCA under the Payment Services Regulations 2017. Your Transfer is provided by the Principal named on your Order, and that Principal’s own terms and conditions also apply to it.
1.2
Definitions not given in these T&C are set out in the Order.
1.3
You agree that your agreement with Kabul Zalmai Exchange is made up of the Order and these T&C.
1.4
The service. Kabul Zalmai Exchange, acting as agent of the Principal named on your Order, will provide you with a money transfer (money remittance) service (the “Service”) through its network of authorised representatives (the “Correspondents”) to transfer funds (the “Transfer”) to your chosen recipient (the “Beneficiary”). You must tell the Beneficiary about the Transfer and the relevant details included in the Order.
1.5
Charges. The charges and fees you have agreed to pay for the Transfer are set out in the Order.
1.6
Full and accurate information. You confirm that you have given Kabul Zalmai Exchange full and accurate information, to the best of your knowledge, as required for the Service and/or requested by us. You accept that failure to provide full and accurate information may result in us not carrying out the Transfer to the Beneficiary.
2Transfer information
2.1
The Transfer will be paid to the Beneficiary in cash, or by deposit into the Beneficiary’s bank account (the “Account”), as set out in the Order.
2.2
A cash Transfer will normally be available for collection by the Beneficiary during the opening hours of the selected Correspondent’s location. The address and opening hours of Correspondent locations in the Beneficiary’s area are available from our customer service team (see clause 12). A Transfer may be delayed by the availability of funds at the Correspondent’s location, conditions in the Beneficiary’s country or regulatory requirements. We make no promise as to when the Transfer will be available for collection, except as set out in clause 6.
2.3
The Transfer is not a deposit or electronic money. Neither you nor the Beneficiary holds a payment account with Kabul Zalmai Exchange.
2.4
We may refuse to carry out a Transfer at any time for any reason. Where we refuse, unless it is unlawful for us to do so, we will tell you and, where possible, give you our reason. If the refusal is due to a factual error, we will tell you what the error is and how to correct it. We have no liability to you for not carrying out, or incorrectly carrying out, a Transfer where this was due to our refusal to proceed with all or part of it.
2.5
Our total liability to you in connection with a Transfer is limited to the full amount of the Transfer together with any charges.
3Identification
3.1
You may be asked to show valid identification (“ID”) to receive the Service and complete a Transfer. From time to time we may ask you for updated or additional documents and information so that we can complete our anti-money laundering and compliance checks. If you do not provide the information we reasonably require, to our reasonable satisfaction, we may not provide the Service or carry out the Transfer.
4Foreign exchange
4.1
You may ask us for information on the currencies available in the Beneficiary’s country.
4.2
Where you have asked for a currency conversion, in addition to our fees for the Transfer, we will apply an exchange rate (the “Exchange Rate”) to convert the funds into the currency of the Beneficiary’s country, as set out in the Order.
4.3
Any difference between the Exchange Rate and the exchange rate obtained by Kabul Zalmai Exchange will be kept by Kabul Zalmai Exchange and/or its Correspondents.
4.4
If, at the time of collection, the Beneficiary asks for the Transfer to be paid in a different currency from the one stated on the Order, the Correspondent may charge an additional fee. That exchange is a separate transaction between the Beneficiary and the Correspondent, on separate terms, and does not form part of the Service or your agreement with us.
5Refunds and cancellations
5.1
To cancel a Transfer, contact Kabul Zalmai Exchange or the branch where you placed the Transfer. Unless payment to the Beneficiary has already been made (in cash or to the Account), we will, within 3 to 12 Business Days, refund the amount of the Transfer and the Transfer fee, less any fees and service charges relating to the cancellation, provided that you give us (i) a copy of the valid Order and (ii) valid ID. An Order is only valid if the transaction was processed through our computerised system and shows the Correspondent’s name and address and the correct Order number. A Transfer cannot be cancelled or refunded once the funds have been paid to the Beneficiary.
5.2
If a Transfer is not paid to the Beneficiary within 21 or 30 days (depending on the Correspondent involved), we will cancel it automatically and let you know. The funds will then no longer be available for collection by the Beneficiary and will be held by us on trust. Please contact us to arrange collection.
6Transfers and the Payment Services Regulations
This clause explains some important rights and obligations, including our liability to you, under the Payment Services Regulations 2017 (the “Regulations”) for any Transfer governed by them. A Transfer is governed by the Regulations where the Beneficiary is located within the European Economic Area (“EEA”) and the Transfer is made in euro, sterling or the currency of another EEA state that has not adopted the euro. The EEA comprises the member states of the European Union, together with Norway, Iceland and Liechtenstein.
Failure to carry out, or incorrect carrying out of, a Transfer
6.1.1
We may be liable to you under the Regulations where we fail to carry out, or incorrectly carry out, a Transfer that you authorised.
6.1.2
If you believe we may have failed to carry out, or incorrectly carried out, such a Transfer, please tell us as soon as possible. If you ask, we will immediately investigate and tell you the outcome.
6.1.3
Subject to clause 6.1.4, where we have failed to carry out, or incorrectly carried out, such a Transfer, we will without undue delay correct the error and deliver the amount of the Transfer.
6.1.4
You will not be entitled to the remedy in clause 6.1.3:
- if you do not tell us in writing without undue delay (and in any event no later than 13 months after the date of the Transfer) after becoming aware that we may have failed to carry out, or incorrectly carried out, a Transfer you authorised;
- where we can show that the authorised amount was received at the right time by the person you told us to send the funds to; or
- if the failure or incorrect performance was due to you giving us incomplete or incorrect information, or was otherwise your fault.
6.2
Where a Transfer is governed by the Regulations, we will make sure that a cash Transfer is available for collection, or a Transfer to an Account is credited to the bank holding that Account, by the end of the second Business Day after the date of the Transfer at the latest.
7Data protection
7.1
You agree that:
- Kabul Zalmai Exchange may use the information you give us (for example your name, address, email address, telephone number, occupation, date of birth, and details of the Transfer, including its purpose, and of the Beneficiary) to provide the Service, for internal research and customer analysis, and to meet our legal, compliance and regulatory requirements. For example, we may hold and use that information to review transactions that are placed on hold by our compliance checks, and that information may be passed to and reviewed by a third party as a result.
- If you have given your consent and not withdrawn it under clause 7.2 or 7.3, we may use your information to contact you about our services and offers we think may interest you.
- We may share your information with affiliated companies, Correspondents and/or third parties for the purposes in (i), which may involve transferring or storing it outside the UK. For example, we may send your information to the Beneficiary’s country through our system so the Correspondent can process the Transfer.
- Under our data retention policy, we may keep the information you give us for five (5) years.
7.2
You may exercise your rights over your information, and withdraw your consent to being contacted by email, at any time by contacting us at kabulzalmai7860@gmail.com.
7.3
Once you have agreed to be contacted by email, this stays active until you turn it off. We may use email to send you details about the Service and your Transfer and, if you have agreed, for marketing. You are responsible for any third-party charges for receiving our emails. To stop our emails, email us (enclosing a copy of your ID) or call us.
7.4
You confirm that you have the authority to give us the personal data of the Beneficiary (for example name, address and bank account details) so that we can carry out the Transfer. This includes us passing that information to the relevant Correspondent, who may be located outside the UK.
8Complaints
8.1
We value all our customers and take our obligations seriously. We have internal procedures for investigating any complaint about a Transfer. Under our complaints procedure, any complaint must be made, or confirmed, to us in writing at kabulzalmai7860@gmail.com or by post to 159 Upper Tooting Road, London SW17 7TJ. If you are still unhappy after our response, you may have the right to refer your complaint to the Financial Ombudsman Service (www.financial-ombudsman.org.uk; Financial Ombudsman Service, Exchange Tower, London E14 9SR; telephone 0800 023 4567; email complaint.info@financial-ombudsman.org.uk). You may also complain directly to the Principal named on your Order. For more details of our complaints policy, please contact us.
9Rights of third parties
9.1
A person who is not a party to the agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
10Severability
10.1
If any provision (or part of a provision) of the agreement, whether in the Order or these T&C, is found by a court or other competent authority to be invalid, illegal or unenforceable, it will, to the extent required, be treated as not forming part of the agreement. The validity and enforceability of the rest of the agreement will not be affected.
11Language, governing law and jurisdiction
11.1
Where we give you a translation of the Order or these T&C, the translation is for your convenience only. The English versions are the authoritative versions and govern the Service.
11.2
The agreement is governed by the law of England and Wales, and any dispute about it is subject to the exclusive jurisdiction of the courts of England and Wales.
12Contact us
Kabul Zalmai Exchange Ltd
159 Upper Tooting Road, London SW17 7TJ
Mobile: 07838 608509
Landline: 020 7022 3935
Email: kabulzalmai7860@gmail.com
Opening hours: Monday to Friday 10am–6pm, Saturday 10am–4pm, Sunday 12pm–4pm