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Terms and Conditions

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On this page, you will find:

 


 

Opal Transfer LTD Terms and Conditions 

Effective till 16th of March 2021

  1. MONEY TRANSFER SERVICE

These Terms and Conditions govern the money transfer services provided to you by OPAL TRANSFER Limited of 72 King William Street, London, EC4N 7HR, Reg. No. 04741528 (referred to as "we/our/us"). Our head office address is 72 King William Street, London, EC4N 7HR, telephone number +44 (0) 207 976 5445, +44 (0) 207 828 4222, email manager@opaltransfer.com. The contact details of our branch from which the service is provided to you are:

  1. SENDING A PAYMENT

You must provide us with information which clearly identifies:

  1. ELIGIBILITY

To be eligible for our Services, you must be at least 18 years old. You further represent and warrant to us that if you are an individual and you have registered with us that you are not acting on behalf of an undisclosed principal or a third party.

  1. TIMING

We will transfer your payment so that the money reaches the firm, bank or bank account where your receiver can collect it mostly on the next business day after we received your instruction and full payment for the transfer.

If we did not receive your payment instruction before 16.00 on a business day for us (or if we received it on a day which is not a business day for us), we might treat it as if we received it on the next business day.

You cannot amend or cancel your instruction to us after the payment was executed and/or paid out.

"Business day" means a day on which we and the money transfer destination firm/bank and intermediary bank are open for business (other than a Saturday or Sunday or a public holiday in the UK or in the destination country).

  1. FEES AND CHARGES

5.1 When you are sending money, you agree to pay us, at the time we accept your instruction to send your money transfer, the fees and charges in accordance to information available in our branches, leaflets or website www.opaltansfer.com.

5.2 When you are receiving money, we may deduct, from the money transferred to us before we make it available to you, the fees and charges in accordance to information available in our branches, leaflets or website www.opaltansfer.com.

  1. EXCHANGE RATE

Our exchange rates are available at the premises, at call centre operators or on website www.opaltransfer.com. We will on request write on your payment instruction form or receipt the exchange rate applied to your money transfer when you are sending or receiving money. Our exchange rates may change during a day. The exchange rate applies at the moment you give the money transfer instruction to us.

  1. REFUND AND REFUSE

If you wish to cancel a transfer or request a refund of the incorrectly transferred amount:

  1. we may not refund the commission as a reflection of the costs already incurred by us except when the cancellation is due to an error by Opal Transfer.
  2. we will not refund you after the payment was executed and/or paid out before we get your notice of cancellation.
  1. GENERAL

We are not obliged to perform our obligations if abnormal and unforeseeable circumstances beyond our control prevent us from doing so.

If the money transfer is made to a bank account, we are unable to return it after execution unless the receiver gives such permission to his/her bank and the money have been returned to Opal Transfer account.

No compensation is available from the Financial Services Compensation Scheme if we are unable to meet our obligations. Our relationship with you is not that of a bank or trustee.

Neither these Terms and Conditions nor any transaction carried out under them shall confer contractual or other rights on, or be enforceable against us by, any party other than you.

We are not liable for any losses not directly associated with any incident that may cause you to make a claim against us, nor are we liable for loss of profits, loss of business, loss of goodwill or any form of special damages.

You agree that you are not sending or receiving a payment transfer for or in connection with any criminal or illegal purpose.

You agree to help us in the discharge of our anti-money laundering, security validation and verification responsibilities by providing such information as we may request.

You agree to provide us with accurate and complete personal information such as: full name and surname, date of birth, valid personal identity document, current residential address, phone number, email and keep it up to date. Corporate clients should update us with any business changes also keep valid personal information of shareholders, directors and authorized persons.

It is your responsibility to let us know if there are inaccuracies or changes to your personal information. All changes can be done by login into your account online or mobile application, and also you can notify us via email info@opaltransfer.com or by calling our Call Centre +44 (0) 207 976 5445.

We may use information about you to discharge our anti-money laundering, security validation and verification responsibilities, to provide our services and to manage our relationship with you. We may make searches of credit reference agencies who will supply us with information on verification of personal details provided by you to prevent or detect fraud, or to assist in verifying your identity. If we cannot find enough information we will ask you to provide some additional documents instead. The credit reference agencies will record details of the search type “identification” whether or not this application of registration proceeds.

We may disclose this information to sender, receivers and intermediaries in the course of providing our services or as required by Regulation (EU) 2015/847 on information on the sender accompanying transfers of funds; persons with whom we share information for anti-money-laundering, security verification or validation purposes; regulatory and prosecuting authorities; service providers acting on our behalf. This may involve the transfer of information to countries which do not have data protection laws as strict as those in the UK.

  1. LAW AND JURISDICTION

These Terms and Conditions and all matters arising from or connected with them are governed by English law. The courts of England have exclusive jurisdiction to settle any dispute arising from or connected with these Terms and Conditions (including a dispute regarding their existence, validity or termination or relating to any non-contractual or other obligation arising out of or in connection with them) or the consequences of their nullity.

  1.  COMPLAINTS

Please tell us if you have any problems with our service: telephone number +44 (0) 207 976 5445, +44 (0) 207 828 4222, email manager@opaltransfer.com. We will seek to resolve your complaint as quickly as possible. If you are not happy with our response, or if we have not finished investigating your complaint and given our final response after 15 Business days, you may refer your complaint to The Financial Ombudsman Service, Exchange Tower, London, E14 9SR.

Opal Transfer LTD,

Updated March 2018

 


 

Opal Transfer LTD Terms and Conditions 

Effective from 16th of March 2021

 

As used in our Terms and Conditions, the terms:

Authorised Money Transfer Order” means clear instruction and consent received from you to initiate a Money Transfer Order via the Opal Transfer Online Platform or our Mobile App using Login Details, via phone conversation to our Call Centre or during a visit to our branch.

"Business Day" means a day on which we and the money transfer destination firm/bank and any intermediary bank are open for business (and which is not a Saturday or Sunday, or a public holiday in the UK or in the destination country).

Call Centre” means the Opal Transfer call centre that can be contacted on +44 207 022 0995.

"Cut-off time” means the latest time on a Business Day that a Money Transfer Order may be submitted in order to be deemed received on that day for the purposes of execution. If the Money Transfer Order is submitted after this time, it will be deemed received the following Business Day. The Cut-off time for Money Transfer Orders under these Terms and Conditions are determined by reference to the destination country. You can check the Cut-off times applicable to Money Transfer Orders by destination country on our Website, Mobile App or the Opal Transfer Online Platform.

Consent” means that clear instruction for initiating Money Transfer Order and Deposit of funds for the Money Transfer, and all necessary information and/or documentation has been received from you.

Deposit” means funds for the Money Transfer Order to be paid either by card or by bank transfer.

Executed Money Transfer” means Money Transfer Order that has been sent from us to a Receiver’s Payment Service Provider and cannot be canceled from our side anymore.

Login Details” means the customer number/email and password or PIN required in order to access the Payment Instrument (the Opal Transfer Online Platform or Mobile App)

 “Mobile App” means the Opal Transfer Mobile App that can be downloaded from the App Store and Google Play to your mobile device, such as a smartphone or tablet computer.

Money Transfer” means a transfer of money instructed by you under these Terms and Conditions.

"Money Transfer Order" means an instruction made by you to us requesting the execution of a Money Transfer.

"Money Transfer Receipt" means written confirmation of our acceptance of a Money Transfer Order, issued upon our receipt of the necessary information and the full Deposit.

Money Laundering Regulations” means Directive (EU) 2015/849 and Directive (EU) 2018/843 of the European Parliament and of the Council; the United Kingdom laws: The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and The Money Laundering and Terrorist Financing (Amendment) Regulations 2019.

"Opal Transfer", referred to as the “Company”, "we", "us" or "our" means Opal Transfer Ltd.

Opal Transfer Online Platform” means the online platform we use to provide Services to you under these Terms and Conditions currently found at the URL www.opaltransfer.com.   

Payment Instrument” means the Opal Transfer Online Platform or our Mobile App.

Payment Services Directive and Requirements” means Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015, the United Kingdom law: Payment Services Regulations 2017.

Payment Service Provider” means a bank, recipient bank, intermediary bank or other Payment Service Provider as defined in the Payment Services Directive, Payment Services Regulations 2017 and Electronic Money Regulations 2011.

Payment Services User” referred to "you" or "your” means a natural or legal person who is a customer of Opal Transfer Ltd.

"Principal Amount” means the amount of a Money Transfer, exclusive of the transfer fee.

Receiver” means the recipient of a Money Transfer.

"Services" means all Money Transfer services and related products available through the Opal Transfer Ltd premises, Call Centre, Website or Mobile App.

"Third Party” means a natural or legal person who is not a customer or the service provider Opal Transfer Ltd.

"Website” means the website owned and operated by Opal Transfer Ltd to provide the Services to you currently found at the URL www.opaltransfer.com.

 

1.                  MONEY TRANSFER SERVICES

These Terms and Conditions govern the Money Transfer Services provided to you by Opal Transfer Ltd (trading name: Opal Transfer) with registration number 04741528 and head office address: 72 King William Street, London, EC4N 7HR, telephone number +44  207 022 0995, +44 207 828 4222, email info@opaltransfer.com.

Opal Transfer is supervised and regulated by Her Majesty’s Revenue and Customs (“HMRC”) as a Money Services Business under Money Laundering Regulations, Anti-money laundering supervision registration number XRML00000109447 and as an Authorised Payment Institution by the UK Financial Conduct Authority (“FCA”), Reference number 533677.

For the purpose of data protection, Opal Transfer is registered as a Data Controller with the UK Information Commissioner's Office, registration reference: Z1993210.

2.                  ELIGIBILITY

2.1               To be eligible for our Services, you must be at least 18 years old. You further represent and warrant to us that if you are an individual and you have registered with us that you are not acting on behalf of an undisclosed person.

2.2               If the Services under these Terms and Conditions are to be provided to a business rather than to you in your personal capacity, you must have the authority to act on behalf of the relevant business. By accepting these Terms and Conditions you confirm that you have authority to represent any business or entity on whose behalf you use our Services, and that business or entity accepts and agrees to be bound by these Terms and Conditions.

2.3               You agree that you will not send or receive a Money Transfer for or in connection with any criminal or illegal source or purpose.

3.                  VERIFICATION OF IDENTITY

You agree to provide us with accurate and complete personal information as we may request, including: full name and surname, date of birth, valid personal identity document, current residential address, phone number, email You must keep any such information provided to us up to date. You agree on request to provide such additional information and/or documentation as we may reasonably require for the purposes of identification, or regarding the source of funds and/or purpose of Money Transfers.

3.1               Corporate clients should provide us with business full name, registration number and country, business description, website (if any), the source of funds and purpose of transfers and also valid personal information of shareholders, directors, authorised persons and business address, phone number and email address. You must keep all the information up to date and inform us immediately upon any of it changing. The business agrees on request to provide such additional information and/or documentation as we may reasonably require for the purposes of identification, or regarding the source of funds and purpose of Money Transfers.

3.2               We are required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in your transaction for example, the Receiver) in order to register and provide any Services to you.

3.3               You agree to comply with the anti-money laundering, security validation and verification requests from us received by providing such information to us as is required in accordance with the Money Laundering Regulations.

3.4               We may make inquiries and searches against databases in credit reference agencies or any third party we consider necessary to validate the information you provide to us in order to assist in verifying your identity or prevent or detect fraud. The credit reference agencies will record details of the search type “identification” whether or not this application for registration proceeds.

3.5               You agree that we may use information about you to comply with our anti-money laundering, security validation and verification responsibilities, to provide our Services and to manage our relationship with you. Verification searches may be repeated from time to time to comply with recordkeeping requirements and keep your information up to date.

3.6               If we cannot find or verify the necessary information under Clause 3, we may require you to provide additional or alternative documents.

3.7               It is your responsibility to let us know if there are inaccuracies or changes to your personal information. All changes can be done via the Opal Transfer Online Platform or Mobile App. Also, you can notify us via email manager@opaltransfer.com, info@opaltransfer.com or by calling our Call Centre +44  207 022 0995.

4.                  MEANS OF COMMUNICATION

4.1               We will usually contact you regarding Services via the email address provided by you. For this purpose, you must ensure that Opal Transfer holds a valid email address for you at all times.

4.2               Where appropriate, we may use other ways to contact you including by telephone, using notifications via Opal Transfer Online Platform or Mobile App or by post.  If you provide us with a mobile phone number, we may also communicate with you via text message (SMS).

4.3               You need to maintain or check your email and other methods of communications regularly for emails or other communications about your Money Transfers and our Services. We will not be liable for any consequences or loss if you do not do this.

4.4               You may give notice to us via the Opal Transfer Online Platform, our Mobile App, email to manager@opaltransfer.com, info@opaltransfer.com  or by post to 72 King William Street, London, EC4N 7HR.

4.5               These Terms and Conditions are in the English language. Documents or communications in any other languages may be provided but these are solely for your convenience. Only the English language version of them is official.

5.                  SENDING A PAYMENT

5.1               We will consider that you have given us consent to execute Money Transfer Order if you give us a clear instruction via the Opal Transfer Online Platform, our Mobile App (both of which will require you to provide your Login Details), via phone conversation to our Call Centre (in which case you will be required to pass authentication) and provide us with full Deposit for the Money Transfer.

5.2               You must provide us with information that clearly identifies:

(a)               the Receiver; and/or

(b)               the account number, International Bank Account Number or Bank Identifier Code of the Receiver's payment account (if they have one).

as well as with any other relevant information we reasonably require in order to execute the Money Transfer.

6.                  TIMING

6.1               If we receive your Money Transfer Order, full Deposit for the Money Transfer, and all the information and documentation we require for execution on a Business Day before the Cut-off time, we will execute your Money Transfer and send it to Receiver’s Payment Service Provider on the same Business Day.

6.2               The funds will usually reach the account of your Receiver on the same or next Business Day. The maximum delivery time for Money Transfers is as follows:

6.2.1          The end of the Business Day following the Business Day of receipt (or deemed receipt, see 6.4 below) of a Money Transfer Order provided the Money Transfer:

(a)                is in Euro; or

(b)               is executed wholly within the United Kingdom in Sterling; or

(c)                involves only one currency conversion between Euro and Sterling that is;

(i)                carried out in the United Kingdom; or

(ii)               where there is a cross-border payment, the cross-border transfer is in Euros;

6.2.2          The end of the fourth Business Day after receipt (or deemed receipt) of the Money Transfer Order where the Money Transfer Order does not fall within 6.2.1(a)- 6.2.1(c) above but is to be executed wholly within the European Economic Area.

6.2.3          Transfers out of the European Economic Area may take up to five Business Days from the Business Day on which the Money Transfer Order is received (or deemed received).

6.3               Money Transfer Order Cut-off times vary depending on different currencies and time zones. You can find more information available on our Website, the Opal Transfer Online Platform, or our Mobile App.

6.4               If we receive your Money Transfer Order, Deposit and all necessary information and/or documentation after the Cut-off time on a Business Day, we will deem the Money Transfer Order as received on the following Business Day. The execution timings will be calculated by reference to the deemed receipt of a Money Transfer Order. 

6.5               If you submit a Money Transfer Order without also providing the full Deposit, and all information and documentation we require to execute a payment, then such a Money Transfer Order will not be considered received (and will be deemed incomplete) until you provide the full Deposit and any missing information or documentation.

6.6               If, having submitted an incomplete Money Transfer Order, you do not provide (as applicable) the full Deposit, or the necessary information or documentation within 48 hours, your Money Transfer Order will be canceled.

6.7               You cannot amend or cancel your instruction to us after the Money Transfer Order has been executed and/or paid out. You may withdraw your consent to a Money Transfer Order at any time up to the point at which we execute it.

7.                  ALLOWANCES AND LIMITS

7.1               For legal and security reasons, certain allowances may be applied to your Money Transfer Order depending on identification and verification checks, your country of residence or other legal/security considerations. Where applicable, we will provide details of these allowances on our Website. Apart from standard allowances, Opal Transfer reserves the right to request additional information and/or documentation, when necessary.

7.2               Certain limits may be applied to ways of payment type used for Deposit acceptance (Payment types: By Card or By Bank Transfer). Please contact us if you have any questions about these limits.

8.                  FEES AND CHARGES

8.1               A fee will be payable for Money Transfers under these Terms and Conditions which will be determined by reference to the destination country of the Money Transfer. You can find details of the fees applicable to Money Transfers by destination country on our Website, the Opal Transfer Online Platform, Mobile App, by phoning us or visiting our branch. The fee applicable to a Money Transfer will be displayed before you perform a calculation on our Website, before you confirm an instruction on the Opal Transfer Online Platform and our Mobile App. If you submit a Money Transfer Order by phone or visit our branch, our customer service representative will tell you the applicable fee before seeking your confirmation. 

8.2          All information regarding fees and charges will be displayed on your Money Transfer Receipt and where applicable, a breakdown of the amounts of any fees or charges will be provided to you.

9.                  EXCHANGE RATE

9.1               Our exchange rates are available in our branches, from our Call Centre operators, on our Website, the Opal Transfer Online Platform, and our Mobile App.

9.2               Our exchange rates are recalculated periodically throughout the day. The exchange rate applicable to a Money Transfer Order is set when we receive it, and will be displayed on the Money Transfer Receipt. If you submit a Money Transfer Order by way of our Website, the Opal Transfer Online Platform or our Mobile App, the exchange rate that will apply to the Money Transfer Order will be displayed before you confirm your instruction. If you submit a Money Transfer Order by phone, our customer service operator will tell you the applicable rate before seeking your confirmation.

9.3               If you submit an incomplete Money Transfer Order, we will hold the exchange rate applicable as at the point the incomplete submission was made for the 48 hours you have under Clause 6.5 to provide the Deposit and/or missing information or documentation necessary to render the Money Transfer Order complete. If we do not receive the full Deposit and/or missing information or documentation for a Money Transfer Order within 48 hours, your instruction will be canceled and any further attempt to complete the Money Transfer Order will be treated as a new submission.

9.4               If the relevant mid-market rate (as provided by an independent third-party source) changes by 5% or more during the 48-hour period referred to at 9.3, we may, at our discretion, suspend cancel the Money Transfer Order and refund any Deposit you have sent to us.

10.               SECURITY

10.1            You must use the Payment Instrument in accordance with these Terms and Conditions.

10.2            You must take all reasonable steps to keep your Login Details secure.

10.3            You must change your password and PIN regularly and ensure that it is not used to access other online accounts.

10.4            You must keep your e-mail account secure. You may reset your Opal Transfer Online Platform or Mobile App password using your email address.

10.5            You must notify Opal Transfer without delay if anyone asks for your Login Details or you become aware of the loss, theft or unauthorised use of the Payment Instrument, Login Details or email address by calling our Call Centre +44  207 022 0995, and we will take immediate steps to try to prevent these from being used. Any delays in notifying us may affect the security of your Opal Transfer profile and also result in you being responsible for financial losses.

10.6            You must not let anyone access your Opal Transfer profile via the Opal Transfer Online Platform or our Mobile App, or watch you accessing it.

10.7            You must not use any functionality that allows your Login Details to be stored by the computer or browser you are using, or to be cached or otherwise recorded.

10.8            Opal Transfers transmits, stores and process all personal information in a secure encrypted way to guard against risks of unauthorised access, disclosure and alteration of sensitive information. We do not disclose your details to anyone except when legally required to do so and as specified in points 3.5, 3.6 and 14.6 of these Terms and Conditions.

10.9            Opal Transfer has the right to stop the use of a Payment Instrument on any reasonable grounds relating to the security of the Payment Instrument, or the suspected unauthorised or fraudulent use of the Payment Instrument.

10.10         If we have reasonable concerns either about the security of your Opal Transfer Login details, or any suspected or actual fraudulent use of your profile via the Opal Transfer Online Platform or our Mobile App, we will contact you as soon as possible via telephone, email or both (unless contacting you would be unlawful or compromise our reasonable security measures).

10.11         Where Opal Transfer is unable to inform the Payment Services User before carrying out any measures to stop the use of the Payment Instrument, we will do so immediately after (unless contacting you would be unlawful or compromise our reasonable security measures).

11.               REFUSAL OF MONEY TRANSFER ORDERS

11.1            Opal Transfer reserves the right to refuse to accept any transaction at its discretion, for example, where there are reasonable grounds to suspect money laundering, terrorist financing, fraud or any other unlawful or criminal activity.

11.2            Opal Transfer has the right to refuse Money Transfer Orders, where the source of the funds or purpose of the Money Transfer appears on (or is related to an item on) Opal Transfer’s ‘List of Banned Industries’.

11.3            Where Opal Transfer refuses to execute a Money Transfer Order, we will provide you with the reasons for such refusal in an agreed manner of communication and at the earliest opportunity.

11.4            Opal Transfer is not required to notify you about (or the reasons for) the refusal of a Money Transfer Order where such notification would be unlawful.

12.               ERRORS AND REFUNDS

12.1            If you notice an error (incorrect information, underpayment or overpayment) in Money Transfer Order, or you wish to cancel a Money Transfer or request a refund for your Deposit then you should immediately notify us, but no later than 13 months of its execution date by calling our Call Centre, via the Opal Transfer Online Platform or via our Mobile App. You can also notify us via email to manager@opaltransfer.com  or info@opaltransfer.com.

12.2            You can cancel a Money Transfer Order free of charge and request a full refund prior to its execution e.g., before payment has been sent to Receiver’s Payment Service Provider.

12.3            In the case of an overpayment, we will immediately notify you via the means of communication described in Clause 4. You agree to liaise with us to recover any overpayment from you, your Receiver and Receiver’s Payment Service Provider.

12.4            After receiving your Consent, we are liable to you for the correct and timely execution of Money Transfer Orders under these Terms and Conditions.

12.4.1        If you identify that we have not executed or executed defectively a Money Transfer Order you should notify us without undue delay (and in any event, within 13 months of its execution or, in the case of a non-execution, its intended execution). Provided you make such notification we will immediately and without charge:

(a)          make efforts to trace any non-executed or defectively executed payment transaction; and notify you of the outcome;

 (b)         we will make a refund to you without due delay of the Deposit amount received from you for the non-executed or defectively executed Money Transfer Order and, where applicable, restore you to the position you would have been in had the defective execution not taken place.

12.3.2     Where a Money Transfer Order is executed late and exceeds maximum execution time (Clause 6.2), we will on your request contact the Receiver’s Payment Service Provider and ensure that the credit value date for the funds is as it would have been had it been executed correctly.

12.5            If a Money Transfer Order is executed incorrectly due to the provision by you of incorrect information, we will, at your request, make reasonable efforts to amend the transfer or recover the funds. We may charge you fee up to a maximum of £35 (or equivalent in another currency) for undertaking such efforts and for the costs we have incurred. You will be asked pay the fee, before we seek to initiate the amendment or recover the funds.

12.6            If a Money Transfer Order is already executed, and refused by a Receiver’s Payment Service Provider, we will on your request refund you the Principal Amount, exclusive of the transfer fee. We may retain the amount of any fees paid in respect of the Money Transfer Order as reflects the costs we have incurred.

12.7            For cancellation or refund request, we may ask to provide a means of identification, as described in Clause 3.

13.               UNAUTHORISED TRANSACTIONS

13.1            You need to let us know immediately on becoming aware of any unauthorised or incorrectly executed Money Transfer, no later than 13 months of its execution date. You can inform us by calling our Call Centre, via the Opal Transfer Online Platform or our Mobile App, or you can notify us via email manager@opaltransfer.com or info@opaltransfer.com. We will start an investigation as soon as practicable, and no later than the end of the Business Day after you notify us and will inform you about the further actions.

13.2            We do not store information about payment type for Money Transfer Deposits on our Mobile App or Online Platform.  In case of unauthorised transaction, you need to inform your payment type issuer about any unauthorised transaction arisen to find your possibilities to receive a refund.

13.3            You will be liable for all losses incurred in respect of an unauthorised Money Transfer Orders and not entitled to any refund:

(a)               if you have acted fraudulently; or

(b)               if you do not quickly notify us of security issues or abuse on the Payment Instrument or theft/loss of your Login Details. You remain liable for losses incurred until you notify us; or

(c)               if the Money Transfer Order was unauthorised, but you have with intent or gross negligence compromised the security of your Login Details or failed to comply with your obligations to use the Payment Instrument or Mobile App, or keep your Login Details secure in the manner set out in these Terms and Conditions.

13.4            You are eligible for a refund from us and shall have no liability:

13.4.1        If you experience losses because of an unauthorised Money Transfer Order that occurs after you notified us that the Payment Instrument or your Login Details had been compromised, lost or stolen in a timely manner (Clause 10.5);

13.4.2        If you experience losses because of the loss, theft or misappropriation of your Login Details and the unauthorised use of the Payment Instrument was caused by the acts or omissions of us or our employees or agents.

13.5            If the Clause 13.4 applies, and losses have arisen to you from an unauthorised Money Transfer Order we will as soon as practicable, and no later than the end of the Business Day after you notify us, refund to you the Principal Amount and all fees deducted by us. This obligation to make refund shall not apply where the investigation is ongoing or we have reasonable grounds to suspect fraudulent behaviour on your part and notify the relevant authorities (Clause 13.3).

14.               GENERAL

14.1            We are not obliged to perform our obligations if abnormal and unforeseeable circumstances beyond our control prevent us from doing so.

14.2            Neither these Terms and Conditions nor any transaction carried out under them shall confer contractual or other rights on, or be enforceable against us by, any party other than you.

14.3            We are not liable for any losses not directly associated with any incident that may cause you to make a claim against us, nor are we liable for loss of profits, loss of business, loss of goodwill or any form of special damages.

14.4            No compensation is available from the Financial Services Compensation Scheme if we are unable to meet our obligations. Our relationship with you is not that of a bank or trustee.

14.5            Safeguarding Measures are applied to all relevant funds, which are segregated and kept separately from the company’s funds ensuring, that in the event of insolvency relevant funds still held with us would be used to repay you in accordance with the Payment Services Directive and the UK Payment Services Regulations 2017. Relevant funds are all Deposits, which Opal Transfer has received from you, but where a Money Transfer Order has not yet been executed to the Receiver’s Payment Service Provider. 

14.6            We may disclose information about you to third parties, including a Receiver, or intermediaries in the course of providing our Services as required by Wire Transfer Regulation (EU) 2015/847 and the United Kingdom law: The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. We may disclose your information to third parties with whom we share information for anti-money-laundering, to prevent and detect fraud or crime, for security verification or validation purposes; regulatory and prosecuting authorities, and law enforcement agencies in response to a request, warrant, court order, or as otherwise required by law. This may involve transferring information to countries outside the EEA.

15.               LAW AND JURISDICTION

These Terms and Conditions and all matters arising from or connected with them are governed by English law. The courts of England have exclusive jurisdiction to settle any dispute arising from or connected with these Terms and Conditions (including a dispute regarding their existence, validity or termination or relating to any non-contractual or other obligation arising out of or in connection with them) or the consequences of their nullity.

16.               COMPLAINTS

16.1            Please tell us if you have any problems with our service: telephone number +44 207 022 0995, +44 207 828 4222, email manager@opaltransfer.com.

16.2            We will seek to resolve your complaint as quickly as possible.

16.3            If you are not happy with our response, or if we have not finished investigating your complaint and given our final response after 15 Business Days, you may, subject to fulfilling eligibility requirements, refer your complaint to The Financial Ombudsman Service, Exchange Tower, London, E14 9SR, telephone number: +44 300 123 9 123 or +44 800 023 4567 or email: complaint.info@financial-ombudsman.org.uk.

17.               CHANGES AND TERMINATION

17.1            The latest version of Terms and Conditions is available on our Website.

17.2            If we make a change to these Terms and Conditions (including any fees payable) or information that governs your relationship with Opal Transfer, we will provide you with at least two months’ prior written notice by email, Website or via Opal Transfer Online Platform, together with the date on which the changes will take effect. If we do not hear from you during the notice period, you will be considered as having accepted the proposed changes and they will apply to you from the effective date specified on the notice. You can terminate your relationship with Opal Transfer immediately by providing notice to us during the period, as described in Clause 17.4.

17.3            You have the right at any time during the course of relationship to request us to provide you with the current Terms and Conditions.

17.4            You may terminate your relationship with Opal Transfer Ltd and these Terms and Conditions at any time providing us notice via the Opal Transfer Online Platform, our Mobile App, by email manager@opaltransfer.com, info@opaltransfer.com, by post to 72 King William Street, London, EC4N 7HR or calling to our Call Centre +44 207 022 0995.

17.5            Subject to Clause 17.6 we may terminate relationship with you and these Terms and Conditions on at least two months’ prior written notice.

17.6            We may suspend your ability to use a Payment Instrument and/or terminate the relationship with you without notice in certain circumstances, if:

(a)               The period from the last Money Transfer Order made by you with us is six years or more;

(b)               Source of the funds or purpose of the Money Transfer Order is related to Opal Transfer ‘List of Banned Industries’ and restricted businesses activities.

(c)               You breach any provision of these Terms and Conditions or documents referred to in these Terms and Conditions.

(d)               We have a suspicion that there is a security breach of the Payment Instrument or suspected unauthorised or fraudulent use of the Payment Instrument or Login Details.

(e)               We are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency.

(f)                We have a suspicion that you are in breach of any applicable law or regulation; or

(g)               We have a suspicion that you are involved in any fraudulent activity, money laundering, terrorist financing or other criminal or illegal activity.

17.7            We are obliged to keep records about you and your transactions for the period of up to six years from the date when your relationship with Opal Transfer was terminated or the last transaction was made.

18.               ACCESS TO INFORMATION

18.1            Subject to General Data Protection regulation (EU) 2016/679 and the United Kingdom law: Data Protection Act 2018, you are entitled to request any information which we hold about you during our relationship by submitting a written form: ‘Subject Access Request’ to our Data Protection Officer via email dpa@opaltransfer.com or by post to 72 King William Street, London, EC4N 7HR. However, any written request received from you via the Opal Transfer Online Platform or our Mobile App will be considered as a valid request, we aim to respond to such request within 30 days.

18.2            We may restrict the amount of information we provide if it is necessary and proportionate in order to:

(a)               avoid obstructing an official or legal inquiry, investigation or procedure;

(b)               avoid prejudicing the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties;

(c)               protect public security;

(d)               protect national security; or

(e)               protect the rights and freedoms of others.

19.               ADDITIONAL DOCUMENTS

These Terms and Conditions refer to the following additional documents, which also apply to your use of our Services:

19.1            Our Privacy Policy sets out the terms on which we process, maintains and discloses any personal data or information we collect about you, or that you provide to us using the Opal Transfer Website. By using our Services, you consent to such processing and you promise that all data provided by you is accurate.

19.2            Our Cookies Policy sets out information about the ‘cookies’ on our Website.

 

Opal Transfer Ltd,

Last Updated: 14 of January 2021

 


 

Opal Transfer EU, UAB Terms and Conditions 

Effective from 1st of January 2021 

The following Terms and Conditions (T&C)  are the business conditions and procedures for providing services of Opal Transfer EU, UAB company code 305026817, company address Konstitucijos pr. 21A, Vilnius, Lithuania.

These T&C apply to all relationships between Opal Transfer EU, UAB as a Company and the Client that arise from the provision of Services.

Our electronic money institution license is issued by the Bank of Lithuania, authorization code LB001915 license number 58, dated 2019-10-03. We’re supervised by the Bank of Lithuania located at Gedimino pr. 6, LT-01103, Vilnius, Lithuania, telephone no. +370 800 50 500. You can find more information about the Bank of Lithuania here: https://www.lb.lt/en/. Data about us is collected and stored at the Register of Legal Entities of the Republic of Lithuania.

As used in our Terms and Conditions, the terms:

"Opal Transfer", referred to as the “Company”, "we", "us" or "our" means Opal Transfer EU, UAB.

“Account” means the collection of details, transactions and profile settings that make up your personal profile with Opal Transfer EU, UAB, allowing you to create Money Transfer Orders, monitor your transactions and communicate with us.

E-money” means electronic money as it is described in the Law on Electronic Money and Electronic Money Institutions of the Republic of Lithuania.

E-money services” means services related to the electronic money issuance, provision of payment services and ancillary services closely related to issuance of electronic money and/ or provision of payment services as it is described in the Law on Electronic Money and Electronic Money Institutions of the Republic of Lithuania and the Republic of Lithuania Law on Payments.

Client” referred to by "you" or "your” means a natural or legal person who uses the Services provided by Opal Transfer EU, UAB.

Relationship” means a business, professional or commercial relationship of the Company with a Client that is expected, at the time when entering in such relationship, to have an element of duration.

"Business Day" means a day on which Opal Transfer and/ or the money transfer destination firm/bank and any intermediary bank are open for business (and which is not a Saturday or Sunday, or a public holiday in the Lithuania or in the destination country).

Call Centre” means that you can contact us by phone. Phone calls can take place at the times published on our Website.

"Cut-off time” means the latest time on a Business Day that a Money Transfer Order may be submitted in order to be deemed received on that day for the purposes of execution. If the Money Transfer Order is submitted after this time, it will be deemed received the following Business Day. The Cut-off time for Money Transfer Orders under these Terms and Conditions are determined by reference to the destination country. You can check the Cut-off times applicable to Money Transfer Orders by destination country on our Website, Mobile App or the Opal Transfer Online Platform.

Consent” means clear instruction for initiating Money Transfer Order and Deposit of funds for the Money Transfer by providing necessary Login Details, passing the authentication measures and/or other identity verification means.

Deposit” means funds used for the Money Transfer Order to be paid either by card or by bank transfer.

 “Login Details” means the customer number/email and password or PIN required in order to access the Opal Transfer Online Platform or Mobile App.

Mobile App” means the Opal Transfer Mobile App that can be downloaded from the App Store, Google Play to your mobile device, such as a smartphone or tablet computer.

Money Transfer” means a transfer of money instructed by you under these Terms and Conditions.

"Money Transfer Order" means an instruction made by you to us requesting the execution of a Money Transfer.

"Money Transfer Receipt" means written confirmation of our acceptance of a Money Transfer Order, issued upon our receipt of the necessary information and the full Deposit.

Money Laundering Regulations” means Directive (EU) 2015/849 and Directive (EU) 2018/843 of the European Parliament and of the Council, and the Law on the Prevention of Money Laundering and Terrorist Financing of the Republic of Lithuania, as amended from time to time.

 “Opal Transfer Online Platform” or “Website” means the online platform owned and operated by Opal Transfer to provide Services to you under these Terms and Conditions currently found at the URL www.opaltransfer.com.   

Payment Instrument” any payment instrument linked to the Opal Client Account which allows to perform Payment Operations.

 “Payment Service Provider” means a bank, recipient bank, intermediary bank or other Payment Service Provider as defined in the Payment Services Directive (PSD2) and Electronic Money and Electronic Money Institutions by Law of Lithuania (22 December 2011 No XI-1868 (As last amended on 27 June 2018 – No XIII-1303), as amended from time to time.

"Principal Amount” means the amount of a Money Transfer, exclusive of the transfer fee.

Sender” means a private or legal person who allows a Transfer Order from the payment account.

Receiver” means the private or legal person who is meant to receive the funds as per the Transfer Order.

"Services" means all services and related products available through the Opal Transfer EU, UAB Website or Mobile App.

System” means a software solution on Opal Transfer Online Platform, Mobile app and web pages, developed by Opal Transfer and used for the provision of Opal Transfer Services.

Strong Customer Authentication” means authentication that requires two or more of the following elements: a) categorized as knowledge (something only you know); b) possession (something only you possess) and c) inherence (something that is particular to you alone).

Third party” means a financial institution or another entity as defined in the Law on the Prevention of Money Laundering and Terrorist Financing of the Republic of Lithuania as well as a financial institution or another entity registered in another EEA Member State or a state which is not a EEA Member State (third country).

1.                  SERVICES

1.1               The services we provide:

a)     E-money account opening, sending and receiving of Money transfers and electronic banking services.

b)     Issuing of payment instruments.

2.                   ELIGIBILITY

2.1               To be eligible for our Services, you must be at least 18 years old. You further represent and warrant that if you are an individual that have registered with us, you are not acting on behalf of an undisclosed person.

2.2               If the Services under these Terms and Conditions are to be provided to a business rather than to you in your personal capacity, you must have the authority to act on behalf of the relevant business. By accepting these Terms and Conditions you confirm that you have authority to represent any business or entity on whose behalf you use our Services, and that business or entity accepts and agrees to be bound by these Terms and Conditions.

2.3               You agree that you will not send or receive a Money Transfer for or in connection with any criminal or illegal source or purpose.

2.4               To use your Account, you will need to sign up through the Mobile App and/or Opal Transfer Online Platform.

3.                  VERIFICATION OF IDENTITY

3.1               You agree to provide us with accurate and complete personal information as we may request, including: full name and surname, date of birth, valid personal identity document, current residential address, phone number, email. You must keep any such information provided to us up to date and inform us immediately upon any of it changing. You agree on request to provide such additional information and/or documentation as we may reasonably require for the purposes of identification, or regarding the source of funds and/or purpose of Money Transfers.

3.2               Corporate Clients should provide us with full business name, registration country and company number, business address, business description, website (if any), contact information such as phone number and email address, the source of funds and purpose of transfers and also valid personal information of shareholders, directors, authorised persons. You must keep all the information up to date and inform us immediately upon any of it changing. The business agrees on request to provide such additional information and/or documentation as we may reasonably require for the purposes of identification, or regarding the source of funds and purpose of Money Transfers.

3.3               We are required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in your transaction, for example, the Receiver) in order to register and provide any Services to you.

3.4               You agree to comply with the anti-money laundering, security validation and verification requests received from us by providing us with all information required in accordance with the Money Laundering Regulations.

3.5               We may make inquiries and searches against databases in credit reference agencies or any third party we consider necessary to validate the information you provide to us in order to assist in verifying your identity and prevent or detect fraud.

3.6               You agree that we may use information about you to comply with our anti-money laundering, security validation and verification responsibilities, to provide our Services and to manage our Relationship with you. Verification searches may be repeated from time to time to comply with recordkeeping requirements and keep your information up to date.

3.7               If we cannot find or verify the necessary information under this Clause 3, we may require you to provide additional or alternative documents.

3.8               It is your responsibility to let us know if there are inaccuracies or changes to your personal information. All changes can be done via the Opal Transfer Online Platform or Mobile App. Also, you can notify us via email info@opaltransfer.com, or by calling our Call Centre +37052143900.

4.                   ISSUING AND REDEEMING ELECTRONIC MONEY

4.1               According to the Terms and Conditions, the Opal Transfer Account is opened for the Client in the System for an indefinite period of time. The Client can open Opal Transfer Account free of charge. The Opal Transfer Account can be opened only for the Clients whose identity was duly verified by the Company.

4.2               Funds held on the Client's Account are considered E-money, which Opal Transfer EU, UAB issues after the Client transfers or deposits money to their Opal Transfer Account.

4.3               You may ask to redeem your E-money by generating a Transfer Order to move funds from your Account to any other account you choose.

4.4               We have the right to apply limitations on E-money redemption if the Money Transfer is impossible for justified reasons – for instance, we do not transfer to countries or entities subject to sanctions published by the European Union, the Office of Foreign Assets Control (OFAC) of the USA and other relevant organizations.

4.5               You may cancel your Account up to 14 calendar days after the date of activation ("cancellation period"), by calling our Call Centre and speaking to the customer services.

4.6               Upon the termination of these T&C and the closing of the Account, the funds held on the Client Account are transferred to another account specified by the Client held in the Client’s name in a credit or electronic money institution.

4.7               Once all the funds held in the Client Account are redeemed and the Account is closed, these T&C will terminate. However, if paragraph 4.8 applies to your Account then your Account will remain active and your Agreement will continue to apply to you until there is no money outstanding on your Account.

4.8               If we find any additional withdrawals, fees or charges incurred on your Account following the processing of the redemption request, we'll send an itemised invoice to you and we will require you to refund us immediately after receiving the invoice. Should you not repay this amount immediately after receiving an invoice from us, we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.

4.9               We do not, under any circumstances, pay any interest for E-money held on the Account, or provide any other benefits associated with the time period the E-money is stored.

5.                  STRONG CUSTOMER AUTHENTICATION

5.1              We apply Strong Customer Authentication when you, as the Sender:

a)     access your Mobile App or Opal Transfer Online Platform;

b)     initiate a Money Transfer;

c)     carry out any action through Mobile app and/ or Online Platform which might suggest a risk of fraud or other abuses.

5.2               The Client can manage the Opal Transfer Account by logging in to the Account with their Login Details and carrying out additional authentication (Strong Customer Authentication).

6.                  MEANS OF COMMUNICATION

6.1               We will usually contact you regarding Services via the email address provided by you. For this purpose, you must ensure that Opal Transfer holds a valid email address for you at all times.

6.2               Where appropriate, we may use other ways to contact you including by telephone, using notifications via Opal Transfer Online Platform or Mobile App or by post.  If you provide us with a mobile phone number, we may also communicate with you via text message (SMS).

6.3               You need to maintain or check your email and other methods of communications regularly for communications about your Money Transfers and our Services. Communication presented in any of the ways mentioned in Clauses 6.1 and 6.2 will be considered as properly submitted. It is considered that you have received notification within 24 hours after it has been communicated. Opal Transfer will not be liable for any consequences or losses resulting from you not maintaining or checking the outlined methods of communication.

6.4               You may give notice to us via the Opal Transfer Online Platform, our Mobile App, email to info@opaltransfer.com or via phone conversation with our Call Centre.

6.5               These Terms and Conditions are in English language. Documents or communications in any other languages may be provided but these are solely for your convenience. Only their English language versions are official.

7.                  SENDING A PAYMENT

7.1               We will consider that you have given us Consent to execute Money Transfer Order if you give us a clear instruction via the Opal Transfer Online Platform, our Mobile App (both of which will require you to provide your Login Details), via phone conversation to our Call Centre (in which case you will be required to pass authentication). You must provide us with information which clearly identifies:

(a)               the Receiver; and

(b)               the account number, International Bank Account Number or Bank Identifier Code of the Receiver's payment account (if they have one).

as well as any other relevant information we reasonably require in order to execute the Money Transfer.

8.                  TIMING

8.1               If we receive your Money Transfer Order, full Deposit for the Money Transfer, and all the information and documentation we require for execution on a Business Day before the Cut-off time, we will execute your Money Transfer and send it to Receiver’s Payment Service Provider on the same Business Day.

8.2               If we receive your Money Transfer Order, Deposit and all necessary information and/or documentation after the Cut-off time on a Business Day, we will deem the Money Transfer Order as received on the following Business Day. 

8.3               The funds will usually reach the account of your Receiver on the same or next Business Day. The maximum delivery time for Money Transfers is as follows:

8.3.1          The end of the Business Day following the Business Day of receipt (or deemed receipt, see 8.3 above) of a Money Transfer Order provided the Money Transfer is:

(a)                in EUR. PLN, BGN, RON, CZK currencies; or

(b)               executed wholly within the United Kingdom in Sterling; or

(c)                involves only one currency conversion between Euro and Sterling that is carried out in the United Kingdom.  

8.3.2          The end of the fourth Business Day after receipt (or deemed receipt) of the Money Transfer Order where the Money Transfer Order does not fall within 8.3.1(a)- 8.3.1(c) above but is to be executed wholly within the European Economic Area.

8.3.3          Transfers out of the European Economic Area may take up to five Business Days from the Business Day on which the Money Transfer Order is received (or deemed received).

8.4               Money Transfer Order Cut-off times vary depending on different currencies and time zones. You can find more information is available on our Website, the Opal Transfer Online Platform, or our Mobile App.

8.5               If you submit a Money Transfer Order without also providing the full Deposit, and all information and documentation we require to execute a payment, then such a Money Transfer Order will not be considered received (and will be deemed incomplete) until you provide the full Deposit and any missing information or documentation.

8.6               If, having submitted an incomplete Money Transfer Order, you do not provide (as applicable) the full Deposit, or the necessary information or documentation within 48 hours, your Money Transfer Order will be cancelled.

8.7               You cannot amend or cancel your instruction to us after the Money Transfer Order has been executed and/or paid out. You may withdraw your consent to a Money Transfer Order at any time up to the point at which we execute it. You should contact us by calling to Call Centre and receive the confirmation that your instructions for Money Transfer execution were cancelled by us.

9.                  ALLOWANCES AND LIMITS

9.1               For legal and security reasons, certain allowances may be applied to your Money Transfer Order depending on identification and verification checks, your country of residence or other legal/security considerations. Where applicable, we will provide details of these allowances on our Website. Opal Transfer reserves the right to request additional information and/or documentation, where necessary to establish the applicable allowances.

9.2               Certain limits may be applied to payment types used for Deposit acceptance (payment types: by card or by bank transfer). Please contact us if you have any questions about these limits.

9.3               We reserve the right to change the limits, reject payments or request additional supporting Account documentation at any time.

10.               FEES AND CHARGES

10.1          A fee will be payable for Money Transfers under these Terms and Conditions which will be determined by reference to the destination country of the Money Transfer. You can find details of the fees applicable to Money Transfers by destination country on our Website, the Opal Transfer Online Platform, Mobile App, or by calling to Call Centre. The fee applicable to a Money Transfer will be displayed before you perform a calculation (ie check the rate and fees) on our Website, before you confirm an instruction on the Opal Transfer Online Platform and our Mobile App. If you submit a Money Transfer Order through the Call Centre, our customer service representative will inform you of the applicable fees before seeking your confirmation. 

10.2          All information regarding fees and charges will be displayed on your Money Transfer Receipt, and where applicable, a breakdown of the amounts of any fees or charges will be provided to you.

11.               EXCHANGE RATE

11.1            Our exchange rates are available on our Website, the Opal Transfer Online Platform, and our Mobile App.

11.2            Our exchange rates are recalculated periodically throughout the day. The exchange rate applicable to a Money Transfer Order is set when we receive it, and will be displayed on the Money Transfer Receipt. If you submit a Money Transfer Order by way of our Website, the Opal Transfer Online Platform or our Mobile App, the exchange rate that will apply to the Money Transfer Order will be displayed before you confirm your instruction. If you submit a Money Transfer Order through the Call Centre, our customer service operator will inform you about applicable rate before seeking your confirmation.

11.3            If you submit an incomplete Money Transfer Order, we will hold the exchange rate applicable as at the point the incomplete submission was made for 48 hours. As  outlined in Clause 8.5, to render the Money Transfer Order complete you will have to provide the Deposit and/or missing information or documentation necessary. If we do not receive the full Deposit and/or missing information or documentation for a Money Transfer Order within 48 hours, your submission will be canceled and any further attempt to complete the Money Transfer Order will be treated as a new submission.

11.4            If the relevant mid-market exchange rate (as provided by an independent third-party source) changes by 5% or more during the 48-hour period referred to in Clause 11.3, we may, at our discretion, suspend or cancel the Money Transfer Order and refund any Deposit you have sent to us.

12.               SECURITY

12.1            You must use the Payment Instrument in accordance with these Terms and Conditions and take all reasonable steps to keep your Login Details secure.

12.2            You must keep any provided or created Login Details and any other personalized security features of Payment Instrument and other Client-related information confidential. This confidential information should be protected from and not disclosed to unauthorised third persons. You also must not allow other persons to use Services under your name, including not letting anyone access your Opal Transfer Account via the Opal Transfer Online Platform or our Mobile App.

12.3            In case you fails to comply with the requirement outlined in Clause 12.2, you fully assume the loses and undertake to reimburse the loses of other persons incurred due to your actions indicated in  Clause 12.2 or your failure to act.

12.4            You must change your password and PIN regularly. You may reset your Opal Transfer Online Platform or Mobile App password using your email address. The email address used by you should also be kept secure. The PIN may be reset through the security settings within the Mobile App.

12.5            You must notify Opal Transfer without delay if your Login Details becomes known to other persons or you become aware of the loss, theft or unauthorised use of the Payment Instrument, Login Details or email address by calling our Call Centre +37052143900, and we will take immediate steps to try to prevent these from being used. Any delays in notifying us may affect the security of your Opal Transfer Account and also result in you being responsible for financial losses.

12.6            You must not use any functionality that allows your Login Details to be stored by the computer or browser you are using, or to be cached or otherwise recorded.

12.7            Opal Transfers transmits, stores and process all personal information in a secure encrypted way to guard against risks of unauthorised access, disclosure and alteration of sensitive information. We do not disclose your details to anyone except when legally required to do so and as specified in points 3.5, 3.6 and 16.6 of these Terms and Conditions.

12.8            Opal Transfer has the right to stop the use of a Payment Instrument on any reasonable grounds relating to the security of the Payment Instrument, or the suspected unauthorised or fraudulent use of the Payment Instrument.

12.9            If we have reasonable concerns either about the security of your Opal Transfer Login details, or any suspected or actual fraudulent use of your Account via the Opal Transfer Online Platform or our Mobile App, we will contact you as soon as possible via telephone, email or both (unless contacting you would be unlawful or compromise our reasonable security measures).  

12.10         Where Opal Transfer is unable to inform the Client before carrying out any measures to stop the use of the Payment Instrument, we will do so immediately after (unless contacting you would be unlawful or compromise our reasonable security measures).

13.               REFUSAL OF MONEY TRANSFER ORDERS

13.1            Opal Transfer reserves the right to refuse to accept any transaction at its discretion, for example, where there are reasonable grounds to suspect money laundering, terrorist financing, fraud or any other unlawful or criminal activity.

13.2            Opal Transfer has the right to refuse Money Transfer Orders, where the source of the funds or purpose of the Money Transfer appears on (or is related to an item on) Opal Transfer’s ‘List of Banned Industries’.

13.3            Where Opal Transfer refuses to execute a Money Transfer Order, we will provide you with the reasons for such refusal in an agreed manner of communication and at the earliest opportunity.

13.4            Opal Transfer is not required to notify you about (or the reasons for) the refusal of a Money Transfer Order where such notification would be unlawful.

14.               ERRORS AND REFUNDS

14.1            If you notice an error (incorrect information, underpayment or overpayment) in Money Transfer Order, or you wish to cancel Money Transfer or request a refund for your Deposit then you should immediately notify us, but no later than within 13 months of its execution date by calling our Call Centre, via the Opal Transfer Online Platform or via our Mobile App. You can also notify us via email to info@opaltransfer.com.

14.2            You can cancel a Money Transfer Order free of charge and request a full refund prior to its execution e.g., before payment has been sent to Receiver’s Payment Service Provider.

14.3            In the case of an overpayment, we will immediately notify you via the means of communication described in Clause 6. You agree to liaise with us to recover any overpayment from you, your Receiver and Receiver’s Payment Service Provider.

14.4            After receiving your Consent, we are liable to you for the correct and timely execution of Money Transfer Orders under these Terms and Conditions.

14.4.1        If you identify that we have not executed or executed defectively Money Transfer Order you should notify us without undue delay (and in any event, within 13 months of its execution or, in the case of a non-execution, its intended execution). Provided you make such notification we will immediately and without charge:

(a)                make efforts to trace any non-executed or defectively executed payment transaction; and notify you of the outcome;

(b)               we will make a refund of the Deposit amount received from you for the non‑executed or defectively executed Money Transfer Order without undue delay and, where applicable, restore you to the position you would have been in had the defective execution not taken place.

14.4.2        Where a Money Transfer Order is executed late and exceeds maximum execution time (Clause 8.3), we will on your request contact the Receiver’s Payment Service Provider and ensure that the credit value date for the funds is as it would have been had it been executed correctly.

14.5            If a Money Transfer Order is executed incorrectly due to the provision by you of incorrect information, we will, at your request, make reasonable efforts to amend the Money Transfer Order or recover the funds. We may charge you a fee up to a maximum of EUR 35 (or equivalent in another currency) for undertaking such efforts and for the costs we have incurred. You will be asked to pay the fee before we seek to initiate the amendment or recover the funds.

14.6            If Money Transfer Order is already executed, and refused by a Receiver’s Payment Service Provider, we will on your request refund you the Principal Amount, exclusive of the transfer fee. We may retain the amount of any fees paid in respect of the Money Transfer Order as reflects the costs we have incurred.

14.7            You are entitled to a refund from Opal Transfer of an authorised Money Transfer which has already been executed, if the following conditions are met:

14.7.1        The authorisation of the Money Transfer did not specify the exact amount.

14.7.2        The amount of the Money Transfer exceeds the amount the Client could reasonably have expected taking into account his previous spending pattern, conditions in his framework contract and other circumstances, with the exception of circumstances relating to currency exchange where the exchange rate has been agreed with the Company in accordance with the procedure laid down by the Law on Payments of the Republic of Lithuania.

14.7.3        You must provide factual elements relating to the conditions referred to in items 14.7.1. and 14.7.2. You must provide the request to refund within 8 weeks from the date on which the funds were debited. Within 10 Business Days of receiving a request for a refund, Opal Transfer will either refund the full amount of the Money Transaction or provide justification for refusing the refund, and when the Client is a Consumer – the procedure for appealing against such a refusal.

14.8            For cancellation or refund request, we may ask to provide a means of identification, as described in Clause 3.

15.               UNAUTHORISED TRANSFERS

Unauthorised Money Transfer Order means those Orders that were initiated without clear instruction and necessary Consent of the Client.

15.1            You need to let us know immediately on becoming aware of any unauthorised or incorrectly executed Money Transfer, no later than 13 months of its execution date. You can inform us by calling our Call Centre, via the Opal Transfer Online Platform or our Mobile App, or you can notify us via email info@opaltransfer.com. We will start an investigation as soon as practicable, and no later than the end of the Business Day after you notify us and will inform you about the further actions.

15.2            We do not store information about the cards used by the Client to execute Money Transfer Deposits on our Mobile App or Opal Transfer Online Platform. In case of unauthorised use of the relevant card, you need to inform your payment card issuer about any unauthorised Money Transfer to find your possibilities to receive a refund.

15.3            You will be liable for all losses incurred in respect of an unauthorised Money Transfer Orders and not entitled to any refund:

(a)               if you have acted fraudulently; or

(b)               if you do not notify us in a timely manner of security issues or abuse on the Payment Instrument or theft/loss of your Login Details. You remain liable for losses incurred until such notification is received by us; or

(c)               if the Money Transfer Order was unauthorised, but you have with intent or gross negligence compromised the security of your Login Details or failed to comply with your obligations to use the Payment Instrument, or keep your Login Details secure in the manner set out in these Terms and Conditions.

15.4            You are eligible for a refund from us and shall have no liability:

(a)               if you experience losses because of unauthorised Money Transfer Order that occurs after you notified us in a timely manner (Clause 12.5) that the Payment Instrument or your Login Details had been compromised, lost or stolen;

(b)               if you experience losses because of the loss, theft or misappropriation of your Login Details and unauthorised use of the Payment Instrument was caused by the acts or omissions by us or our employees.

15.5            If the Clause 15.4 applies, and losses have arisen to you from unauthorised Money Transfer Order, we will as soon as practicable, and no later than the end of the Business Day after you notify us, refund to you the Principal Amount and all fees deducted by us. This obligation to make refund shall not apply where the investigation is ongoing or we have reasonable grounds to suspect fraudulent behaviour on your part and notify the relevant authorities (Clause 15.3).

16.               GENERAL

16.1            We are not obliged to perform our obligations if abnormal and unforeseeable circumstances beyond our control prevent us from doing so. We will notify the Client about such circumstances via chosen means of communication outlined under Clauses 6.1 and/or 6.2.

16.2            Neither these Terms and Conditions nor any transaction carried out under them shall confer contractual or other rights on, or be enforceable against us by, any party other than you.

16.3            We are not liable for any indirect damages/losses, nor are we liable for loss of profits, loss of business, loss of goodwill or any form of special damages.

16.4            Safeguarding Measures are applied to all relevant funds, which are segregated and kept separately from Company’s funds ensuring, that in the event of insolvency relevant funds still held with us would be used to repay you in accordance with the Payment Services Directive and the Republic of Lithuania Law on Electronic Money and Electronic Money Institutions. Relevant funds are all the funds held in the Client Account as well as Deposits, which Opal Transfer have received from you, but where a Money Transfer Order has not yet been executed to the Receiver’s Payment Service Provider. 

16.5            We may disclose information about you to third parties, including a Receiver, or intermediaries in the course of providing our Services as required by Wire Transfer Regulation (EU) 2015/847 and the Law on the Prevention of Money Laundering and Terrorist Financing of the Republic of Lithuania. We may disclose your information to third parties with whom we share information for anti-money-laundering, fraud or crime prevention and detection, security verification or validation purposes; regulatory and prosecuting authorities, and law enforcement agencies in response to a request, warrant, court order, or as otherwise required by law. This may involve transferring information to countries outside the EEA.

17.               CONFIDENTIALITY

17.1            All the agreements that you conclude with us, as well as all the information and data exchanged between the Parties, are confidential. They will only be used only for the purposes of these T&C and only to the extent necessary for such purposes.

17.2            If supervisory and/or law enforcement authorities request confidential information, its disclosure will not be considered a breach of the conditions above.

18.              PERSONAL DATA PROTECTION

18.1            Your personal data is processed by us in accordance with our Privacy Policy, which you can find on our Website www.opaltransfer.com.  Please read it before you accept our terms. You will be asked to give separate consent to our Privacy Policy.

19.               JURISDICTION AND COMPLAINT PROCEDURE

19.1            These Terms and Conditions and all matters arising from or connected with them are governed by Lithuanian law.

19.2            Disputes between the Parties should be solved through negotiations. If we cannot solve them this way, you can submit a complaint to us by post or email, free of charge. We will ask you to give your name, contact details, and any information that gives you reasonable cause to believe we have violated your legal rights and interests while providing our Services. If you would like to submit a complaint by email, please send it to info@opaltransfer.com.

19.3            We will investigates your complaints regarding our Services and the Terms and Conditions no later than within 15 Business Days from the reception of the complaint. We will provide the you with the response to the submitted complaint via email.

19.4            In the exceptional circumstances where we are unable to give response within the timeframe set in Clause 19.3 due to reasons beyond our control, Opal Transfer will have the right to provide you with an interim (i.e. non final) response, by clearly stating the reasons for the delay in the final response. In any case the final response must be provided no later than within 35 Business Days from the reception of your complaint.

19.5            If you are not happy with our response, or if we have not finished investigating your complaint and given our final response within the established timeframes, you have the right to bring the claim to the courts of the Republic of Lithuania. If the you are bringing the claim as a consumer (a natural person using Services to meet personal, family or household needs), you also have a right to use out of court settlement of disputes and bring the claim to the Bank of Lithuania. The eligibility requirements for referring the complaint to the Bank of Lithuania are:

19.5.1        Before applying to the Bank of Lithuania, you must apply to us as described above no later than 3 months from the day on which you became aware that your rights might have been violated.

19.5.2        If you are not satisfied with our reply, or if you do not receive it within the above established timeframes, you can apply to the Bank of Lithuania within 1 year of first contacting us. After that year, you lose the right to apply to the Bank of Lithuania to resolve the dispute.

19.5.3        Claims to the Bank of Lithuania must be submitted in accordance to the Law on the Bank of Lithuania of the Republic of Lithuania or the Law on the Protection of the Rights of Consumers of the Republic of Lithuania or Out of court settlement of disputes between consumers and financial market participants procedures indicated in Bank of Lithuania guidelines, approved by the Bank of Lithuania Board of Directors, 26 January, 2012, Nr. 03-23, as amended from time to time.

19.6            You may apply to the Bank of Lithuania for a dispute with us: a) via the electronic dispute settlement tool “E-Government Gateway”; b) by filling in the Consumer Application Form (the form can be found here: https://www.lb.lt/en/dbc-settle-a-dispute-with-a-financial-service-provider) and sending it to the Supervision Service of the Bank of Lithuania at Žalgirio g. 90, LT‑09303, Vilnius, Lithuania, or by email to pt@lb.lt; c) by filling out the free-form application and sending it to the Supervision Service of the Bank of Lithuania at Žalgirio g. 90, LT-09303, Vilnius, Republic of Lithuania, or by email to pt@lb.lt. You can find out more on dispute settlement procedures on the Bank of Lithuania website: https://www.lb.lt/en/dbc-settle-a-dispute-with-a-financial-service-provider#ex-1-2.

19.7            If you think that we have violated laws regulating the financial market, you have the right to file a complaint to the Bank of Lithuania. Your complaint to the Bank of Lithuania may be submitted: a) in writing to: Totorių g. 4, LT-01121, Vilnius, Republic of Lithuania or Žalgirio g. 90, LT-09303, Vilnius, Republic of Lithuania; b) by email: info@lb.lt or pt@lb.lt; c) by fax: (85) 268 0038; d) by filling in an electronic link in the designated section of the Bank of Lithuania website; e) by any other means specified by the Bank of Lithuania.

20.               CHANGES AND TERMINATION

20.1            The latest version of Terms and Conditions is available on our Website.

20.2            Opal Transfer is entitled to modify these Terms and Conditions (including any fees payable) or information that governs your Relationship with Opal Transfer in its own discretion and without having to seek the Client’s consent. If we make any such changes, we will provide you with at least two months’ prior written notice by email, Website or via Opal Transfer Online Platform, together with the date on which the changes will take effect. If during the notice period you do not notify us about the disagreement with the changes via the Opal Transfer Online Platform, our Mobile App or by email info@opaltransfer.com, you will be considered as having accepted the proposed changes and they will apply to you from the effective date specified on the notice.

20.3            You have the right at any time during the course of Relationship to request us to provide you with the current Terms and Conditions, applicable fee(s) as well as other information of the Services provided by Opal Transfer through means of communication outlined in Clause 6.1 and 6.2.

20.4            You may terminate your Relationship with Opal Transfer EU, UAB and these Terms and Conditions at any time providing us with [one month’s] notice via the Opal Transfer Online Platform, our Mobile App, by email info@opaltransfer.com.

20.5            Subject to Clause 20.6, we may terminate Relationship with you, including these Terms and Conditions, with at least two months’ prior written notice.

20.6            We may suspend your ability to use a Payment Instrument and/or terminate the Relationship with you without notice in certain circumstances, if:

(a)               The period from the last Money Transfer Order made by you is six years or more.

(b)               The source of the funds or purpose of the Money Transfer Order is related to Opal Transfer’s ‘List of Banned Industries’ and restricted businesses activities.

(c)               You breach any provision provided in these Terms and Conditions or in other documents referred to in these Terms and Conditions.

(d)               We have a suspicion that there is a security breach of the Payment Instrument or suspected unauthorised or fraudulent use of the Payment Instrument or Login Details.

(e)               We are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency.

(f)                We have a suspicion that you are in breach of any applicable law or regulation; or

(g)               We have a suspicion that you are involved in any fraudulent activity, money laundering, terrorist financing or other criminal or illegal activity.

20.7            We are obliged to keep records about you and your transactions for the period of up to eight years from the date when your Relationship with Opal Transfer was terminated or the last Money Transfer was made.

21.               ACCESS TO INFORMATION

21.1            The General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') is the main legal instrument applied directly, regulating and stipulating the general rules for data protection in Lithuania. The GDPR is supplemented by Law No. XIII-1426 of 30 June 2018 amending Law No. I-1374. You are entitled to request any information which we hold about you during our Relationship by submitting a written form: ‘Subject Access Request’ to our Data Protection Officer via email dpa@opaltransfer.com. However, any written request received from you via the Opal Transfer Online Platform or our Mobile App will be considered as a valid request to which we will aim to respond within 30 days.

21.2            We may restrict the amount of information we provide if it is necessary and proportionate in order to:

(a)               avoid obstructing an official or legal inquiry, investigation or procedure;

(b)               avoid prejudicing the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties;

(c)               protect public security;

(d)               protect national security; or

(e)               protect the rights and freedoms of others.

22.               ADDITIONAL DOCUMENTS

These Terms and Conditions refer to the following additional documents, which also apply to your use of our Services:

22.1            Our Privacy Policy sets out the terms on which we process, maintains and discloses any personal data or information we collect about you, or that you provide to us using the Opal Transfer Website. By using our Services, you consent to such processing and you promise that all data provided by you is accurate.

 

Opal Transfer EU, UAB

Valid from January 01, 2021.