Terms and Conditions

General Terms and Conditions

Definitions

you, your – pertaining to you as a customer of AN Express.
we, us, our, AN Express – pertaining to AN Express Ltd of 208A Whitechapel Road, London E1 1BJ, and any other entity to which we transfer any or all our rights and responsibilities under these General Terms and Conditions.
Account – your account with us, created after you have successfully registered with us.
Beneficiary – the named individual(s)/entity(ies)/bank account holder(s), to whom the Funds comprising the Remittance are sent, or made available for collection by.
Beneficiary Bank – the financial institution to which a Remittance will be routed by us and our Receiving Agent(s) for credit to the Beneficiary’s bank account.
Receiving Agent – the entity or person to whom a Remittance will be routed by us for collection by the Beneficiary or the Beneficiary Bank.
Remittance – an order from you to us to send money to a specified Beneficiary abroad.
Bank Deposit Remittance – a Remittance to a specified Beneficiary’s bank account, via the Beneficiary Bank.
Instant Cash Remittance – a Remittance to a specified Beneficiary for collection in person by the Beneficiary from the Receiving Agent.
Send Amount – the capital amount in pounds sterling sent as a Remittance through us (distinct from Fees).
Fees – the commission charged by us in respect of a Remittance, calculated in accordance with the size of the Send Amount.
Funds – the converted proceeds of a Remittance in the specified Beneficiary’s local currency.
Exchange Rate – the rate of exchange between relevant currencies prevailing at the time of receipt by us of monies relating to a Remittance.

In these General Terms and Conditions, ‘Condition’ refers to any of the following seventeen headed items, including where appropriate, any Clauses; while ‘Clause’ refers to any sub-item of the following seventeen Conditions.

1 Application of these General Terms and Conditions
1.1 These General Terms and Conditions, along with any and all other terms that may apply, form the agreement that governs completely all business conducted between you and AN Express. You thus may not rely on any other agreement or understanding of any kind, even if such an agreement or understanding is reached with a staff member of AN Express. Your use of our services indicates that you accept, and agree to be bound by, this agreement.

1.2 We may revise these General Terms and Conditions at any time, following which an updated copy of the said document will be made available for you to read at our premises, and on our website. The revised document will be effective from the moment that it is made so available.

2 Registration
2.1 You agree that in order to use our services, you are required to register with us by providing us with your full name, residential address and telephone number, and any supporting documents we may request.

2.2 For the purposes of Clause 2.1 above, you warrant that all information you provide to us is correct, and that any supporting documents you provide to us are genuine. You agree to indemnify and/or compensate us in respect of any and all claims that may arise as a result of, or incidental to, the information you provide to us being inaccurate or false, and/or the documents you provide to us not being genuine. You also warrant that you are legally authorised to use for such purposes any and all documents you provide to us, and you further agree to indemnify and/or compensate us in respect of any and all claims that may arise as a result of, or incidental to, your not being authorised to use these documents for such purposes.

2.3 We will take reasonable measures to protect your personal information, but will not take responsibility for situations that we could not foresee or control. You agree to have your personal information held by us in this way, for a minimum period of five years from the date of the last activity recorded on your Account. For the avoidance of doubt, your personal information includes, for the purposes of this Clause, such information and/or documents as collected from you for the purposes of Clause 2.1 above, such information and/or documents as collected from you for the purposes of Clause 3.2 below, and such information and/or documents collected as described in Clause 3.1 below.

2.4 Upon completion of your registration an Account will be created for you, which will be operated as provided for in Condition 3 below.

3 Operation of your Account
3.1 You consent to our retaining records of your Remittances and any related information/documentation for a period of at least five years from the date of each Remittance. We may retain these records in computer format or physical files or both.

3.2 We reserve the right to complete all necessary procedures for verifying your identity prior to processing any Remittance you instruct us to process, as described in Condition 4 below.

3.3 In order to keep your registration current and updated, we reserve the right to require from you recent supporting documents at such intervals and occasions we consider appropriate. You also agree to notify us of any change to your personal and address details prior to giving us instructions for a new Remittance, or using your Account in any other way.

3.4 You agree that full payment for each Remittance must be received by us prior to our releasing of any subsequent Remittances you may instruct us to process. For Remittances that are paid for by way of bank deposits/transfers made to any of our bank accounts, this Clause is to be read in conjunction with Condition 10 below.

3.5 For the purposes of Clause 3.4 above, full payment in respect of your Remittance will be deemed to have been made in either of the following cases:

  1. A cash payment equivalent to the total of the Send Amount and Fee is made to us at our premises; or
  2. A cash payment equivalent to the total of the Send Amount and Fee is made to our bank account, subject to Condition 10 below; or
  3. An electronic payment equivalent to the total of the Send Amount and Fee is made to our bank account, subject to Condition 10 below.

3.6 For each of your Remittances that we process, a single paper receipt will be issued by us to you. For any Remittance in respect of which you instruct us either via email, fax or telephone communication, we will fax to you a single receipt to the fax number you provide, if you request us to do so at the time you give us instructions for the Remittance.

3.7 We reserve the right to refuse to process any Remittance you instruct us to process, as described in Condition 9 below.

3.8 In the case of error in the calculation of the total amount due to us from you in respect of any Remittance you instruct us to process, including but not limited to, incorrectly applied Exchange Rates or Fees, you agree to cooperate with us fully in correcting the error, in accordance with Condition 12 below.

3.9 We reserve the right to close your Account at any time if you breach any of these General Terms and Conditions or any other terms that may apply, or misuse your Account, or behave unacceptably towards any AN Express staff member, or for any other reason at our sole discretion. In such event, Clauses 3.1 and 2.3 above will continue to apply.

3.10 Closure of your Account as described in Clause 3.9 above is without prejudice to any outstanding or future claims we may have against you, financial or otherwise.

4 Anti-money laundering procedures
4.1 Pursuant to Clause 3.2 above, we may take whatever action we consider appropriate to meet any obligation, either in the UK or elsewhere in the world, relating to the prevention of money laundering, terrorist activity, fraud, and the provision of financial and other services to persons who may be subject to sanctions. This may include, but is not limited to, investigating and intercepting Remittances being made by you, and investigating the source of or the intended recipient of funds. It may also include making enquiries to establish whether a person is subject to sanctions. Exceptionally, this may delay the execution of your Remittances or other instructions, or the delivery to the Beneficiary of converted Funds, though we will advise you where possible of the reasons for and likely length of any delay.

4.2 For the purposes of Clause 4.1 above, we may require valid identification documents and/or evidence relating to your income and/or the source of funds you wish to send as a Remittance. We may also require evidence relating to the identity and/or other particulars of the Beneficiary, and evidence relating to the reason for the Remittance, as well as any other information that we consider to be relevant.

4.3 For the purposes of Clause 4.2 above, you warrant that any and all documents you provide are genuine, and you agree to indemnify and/or compensate us in respect of any and all claims that may arise as a result of the documents you provide not being genuine. You also warrant that you are legally authorised to use for such purposes any and all documents you provide to us, and you further agree to indemnify and/or compensate us in respect of any and all claims that may arise as a result of, or incidental to, your not being authorised to use these documents for such purposes.

5 Payout of remitted Funds
5.1 Where it is specified that the Beneficiary must quote a reference number in order to collect the Funds, payment will not be made to the Beneficiary until such reference has been quoted, and the amount of the Remittance in local currency has been confirmed, by the Beneficiary.

5.2 The Receiving Agent will hold the funds to be remitted for a period of 15 calendar days following the Release Date in case of an Instant Cash Remittance, and 30 calendar days following the Release Date in case of a Bank Transfer Remittance. If the Beneficiary of an Instant Cash Remittance, or the Beneficiary Bank of a Bank Transfer Remittance (as applicable), does not collect the Funds within the relevant time period specified herein, the Remittance may be cancelled. In such event, the monies originally paid for the Remittance will be available for you to collect in person, upon the production of valid ID documents, although the Fees paid will not be refunded to you. Should you require amendments to be made to the Remittance, charges will be payable by you to us in accordance with Clause 7.3 below.

6 Exchange Rates and Fees
6.1 We reserve the right to change our Exchange Rates and Fees at any time without notice. Our Exchange Rates, in particular, may be revised several times during the course of a normal business day. In any case we will notify you of our rates and fees in respect of any payment order you make at the time you make such payment.

6.2 Subject to Clauses 6.3 and 6.4 below, the Exchange Rate prevailing at the time we receive full instructions relating to your Remittance will be applied to your Remittance.

6.3 In the event that full payment in respect of your Remittance is not received by us prior to, or concurrently with, our receiving from you of full instructions relating to your Remittance, we reserve the right to apply to your Remittance the Exchange Rate prevailing at the time full payment is received by us.

6.4 In the event that we require any further documentation from you after having received full instructions relating to your Remittance and/or full payment, we reserve the right to apply to your Remittance the Exchange Rate prevailing at the time that the relevant documentation is received by us.

7 Accuracy of information
7.1 You are solely responsible for the accuracy of the information you provide for the purposes of processing your Remittance. We will not take any responsibility, or compensate you in any way, for non-payment or delays in payment of Funds, or any other failure or inconvenience that is a result of, or incidental to, inaccurate information having been provided to us.

7.2 You are solely responsible for verifying that your Remittance has been processed with the correct details, and notifying us immediately of any error. While we will make all efforts to ensure that we process your Remittance accurately using the information you provide to us, we will not have any liability to you or to the Beneficiary or any other third party for errors in processing.

7.3 If, for any reason, you need to amend any single detail of a released Remittance, a £3.00 charge will be payable by you to us. If you need to amend more than one detail of a released Remittance, a £5.00 charge will be payable by you to us. In either case, you will also need to produce photographic ID to verify your identity, as well as any other evidence we may reasonably require.

8 Cancellation of Remittances
8.1 If you wish to cancel a Remittance, a written notice of cancellation must be served by you to us. Monies will not be refunded to you until we have received confirmation that the Remittance has been cancelled. We will not be liable for any delays in obtaining this confirmation, or for any detriment sustained by you during such delays.

8.2 The Fees paid in respect of the cancelled Remittance will be retained by us in respect of our administration expenses.

8.3 We shall not be responsible for refunding your Remittance if the Funds have already been released to the Beneficiary prior to receipt by us of your written notice of cancellation. For the purposes of this Condition, your written notice of cancellation will be deemed to have been received by us at the close of the working day on which it is actually read by a member of staff at AN Express.

8.4 We shall not be responsible for refunding your Remittance if the Funds are released to the Beneficiary in the time between our receiving of your written notice of cancellation and our transmitting of the cancellation instruction to our Receiving Agent(s) in the destination country of your Remittance.

8.5 We shall not be responsible for refunding your Remittance if the Funds are released to the Beneficiary in the time between our transmitting of the cancellation instruction to our Receiving Agent(s) in the destination country of your Remittance and their effecting of the cancellation.

8.6 For the purposes of Clauses 8.3, 8.4 and 8.5 above, Funds will be deemed to have been released to the Beneficiary in any of the following cases:

  1. The Funds are credited to the Beneficiary’s bank account, regardless of whether the Beneficiary has actually withdrawn the funds or not;
  2. The Funds, or an instrument representing the Funds, are collected by, or delivered to, the Beneficiary or a third party representing the beneficiary;
  3. The Funds, or an instrument representing the Funds, are collected by, or delivered to, a third party pursuant to crediting the Funds to the Beneficiary’s bank account, regardless of whether the Funds have actually been credited to the Beneficiary’s bank account or not.

8.7 We may at our absolute discretion decline responsibility to you in respect of any cancellation claim made after 30 calendar days from the date of the Remittance.

9 Refusal to process Remittances
9.1 We reserve the right, at our sole discretion, to refuse to process your Remittance, particularly if you fail to produce satisfactory identification documents as required in Condition 4 above, or we feel that the transaction may be connected with any money laundering or other illegal activity.

9.2 We will not be responsible for any damage or loss sustained by you as a result of, or incidental to, our refusal to process your Remittance. Should we refuse to process your Remittance, our financial liability to you will be limited to the Send Amount tendered to us by you. We reserve the right to retain any Fees you may have paid, and/or to deduct a charge in accordance with Clause 10.9 below.

10 Banking
10.1 This Condition applies to bank deposits/transfers made to any of our bank accounts for the purpose of sending Remittances.

10.2 We will not be responsible for delays in your bank deposit/transfer being credited to our bank account. It is your responsibility to ensure that you make your deposit/transfer in good time, allowing for the payment to clear during our office hours.

10.3 If you make a transfer to our bank account of monies from your bank account, it is your responsibility to ensure that the transfer is successful and that the payment clears. We will not be liable to you or to any other third party for any consequences attending upon the failure of such a transfer, including but not limited to, any action we take pursuant to these General Terms and Conditions.

10.4 In accordance with Clause 6.3 above, we reserve the right to process your Remittance at the Exchange Rate prevailing at the time the deposit/transfer clears into our bank account.

10.5 We undertake to make reasonable efforts to trace your deposit/transfer within a reasonable period after you have informed us of your deposit/transfer to our bank account. However, we will not be liable to you or any other party in any way if this process takes longer than initially advised.

10.6 We will have no liability to you or to the Beneficiary or to any other third party for erroneously identifying your deposit/transfer to our bank account as having been made in respect of a third party’s Remittance, or any consequences flowing therefrom, save to correct the error and utilise the deposited/transferred monies in question for your Remittance. You agree to cooperate with us fully in the rectification of the error.

10.7 We will have no liability to you or to the Beneficiary or to any other third party for erroneously identifying a third party’s deposit/transfer to our bank account as a payment made by you in respect of your Remittance, or any consequences flowing therefrom, save to correct the error and utilise for your Remittance the monies that you have actually deposited/transferred to our bank account. You agree to cooperate with us fully in the rectification of the error.

10.8 In case of any dispute regarding the total amount that has been deposited/transferred to our bank account, our information from our bank will be conclusive, whether it be a printed bank statement, an online banking statement, or a verbal/written confirmation from an employee at our bank. We will have no responsibility to you whatsoever in cases of any shortfall. In cases of any surplus amount having been deposited/transferred to our bank account, we will hold the surplus amount as a credit to your Account with us, which you may redeem against the value of Remittances you make through us subsequently.

10.9 If after having transferred or deposited monies to AN Express’s bank account(s), you inform us that you do not wish to proceed with the transaction, we will return the monies to you after deducting an amount equivalent to 1% of the total monies initially transferred or deposited, in respect of bank charges and other administrative expenses that we will incur in this process.

11 Fraud prevention measures
11.1 If we have reason to suspect fraudulent activity whether on the part of yourself or otherwise, we reserve the right to suspend your Account, and all activity thereon, while we conduct our own investigation. If we take such a course of action, you will be personally notified as soon as is practicable, giving due consideration to the need to maintain confidentiality and/or avoid compromising our investigation.

11.2 Where our investigation as described in Clause 11.1 above leads us to believe that fraudulent activity was indeed entered into or attempted, we reserve the right to maintain the suspension on your Account, and all activity thereon, pending completion of legal action and/or other measures to our satisfaction.

11.3 Where our investigation as described in Clause 11.1 above indicates that fraudulent activity was in fact not entered into or attempted, we will lift the suspension on your Account, and all activities thereon.

11.4 We will have no liability to you or the Beneficiary or any other third party for any action we take under this Condition.

11.5 To help us with fraud prevention you must provide us with all reasonable assistance we may require. We may require you to obtain a crime reference number from the police if you believe someone has fraudulently used the Account.

11.6 We may give the police or any prosecuting authority any information they need if we think it will help them find out if someone else is using or has used your username, password, or any of your additional security details.

11.7 To help with fraud prevention we may keep copies of any correspondence to or from you to us, for as long as we are permitted to do so by law. We do this to check what issues were raised and to help train our staff.

12 Financial error
12.1 Where such an error as described in Clause 3.8 above leads to the amount received from you being less than what is due to us in respect of your Remittance, and the Remittance has not already been released, we reserve the right to require from you payment in full of the correct amount, or to reduce the amount payable to the Beneficiary accordingly, before we release the Remittance. If the Remittance has already been released, we may in certain circumstances stop payment to the Beneficiary, or recover any overpayment that has been made.

12.2 Where such an error as described in Clause 3.8 above leads to the amount received from you being greater than what is due to us in respect of your Remittance, we will refund the difference to you on production of valid identification documents confirming your identity, and if applicable, that you are the holder of the relevant bank account.

12.3 Where such an error as described in Clause 3.8 above leads to the amount calculated as due to the Beneficiary, in respect of your Remittance, being greater than the amount actually due to the Beneficiary, and the Remittance has not already been released, we reserve the right to reduce the amount payable to the Beneficiary accordingly, before we release the Remittance. If the Remittance has already been released, we may in certain circumstances stop payment to the Beneficiary, or recover any overpayment that has been made.

12.4 Where such an error as described in Clause 3.8 above leads to the amount calculated as due to the Beneficiary, in respect of your Remittance, being less than the amount actually due to the Beneficiary, we will refund to you the amount in pounds sterling that is equivalent to the shortfall, applying the Exchange Rate that was applied to your Remittance. This refund is conditional upon production by you of valid identification documents confirming your identity, and if applicable, that you are the holder of the relevant bank account.

12.5 Save for making refunds to you as described in Clauses 12.2 and 12.4 above, we shall have no liability to you or to the Beneficiary or any other party for any such errors as described in this Condition, or for any actions we may take pursuant to this Condition.

13 Our liability to you
13.1 We undertake to transmit instructions in respect of your Remittance to our Receiving Agent(s) in the destination country of your Remittance. We do not take responsibility for delays, errors, non-payment, underpayment or any other failure that is caused either by our Receiving Agent(s), or by other third parties, whether by act or omission or negligence.

13.2 In the event that we fail to transmit instructions in respect of your Remittance within three working days of receiving both your payment instructions and monies, and any other information or documentation that we may require, our financial liability to you shall be limited to the total of the Send Amount and Fees in pounds sterling tendered to us by you in respect of the intended Remittance. We shall have no further liability in respect of any damages or loss, including but not limited to, consequential loss as a result of non-payment, underpayment, non-delivery, failure, or error in transmission of a Remittance, whether caused by any act or omission or negligence or error on the part of AN Express or its employees, or on the part of any agent of AN Express or its employees, or any other party.

14 Legal compliance
Nothing in this agreement will prejudice our right to comply with all applicable legal regulations, both in the UK and in the destination state of your Remittance, or that of any other state, as well as international law and any other accords that may be applicable.

15 Governing law
This agreement is governed exclusively by English law. You agree that any claim or dispute in relation to any matter covered by these Terms and Conditions will be dealt with by the courts of England only.

16 Third party rights
The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement between us and accordingly nothing in it shall be directly or indirectly enforceable by any third party, nor is it intended to confer any right or benefit on any third party.

17 Waiver
We may elect to waive certain terms of this agreement, although such waiver is without prejudice to our right to enforce other terms of this agreement.

18 Interpretation of headings
The headings used in this Agency Agreement to refer to Conditions are for ease of reference only, and nothing is to turn on the particular words used for this purpose.

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