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.
- Customer – 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
Beneficiary;
-
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 website; or
- copy or monitor our website 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 for any reason. Where we permit a transaction, we may still
suspend or cancel the transaction 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 fund 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..
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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 fund
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 fund 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, your use of the
Services shall be terminated. In order to withdraw your consent, you must contact us using our contact
information at the end of these Terms & 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 changes 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