Terms and Conditions

This Agreement becomes effective when you register with us and will continue until you end it, or we end it.

GMK Money Transfer is Registered as a small payment institution by the Financial Conduct Authority (FCA) with registration number 518355 and HM Revenue & Customs (HMRC) with Registration number XWML00000137615. Our registered business address is at 99-103 Lomond Grove, Camberwell, London SE57HN.

These terms and conditions (the “Terms and Conditions”) are applicable to and are available on our website www.gmkmoneytransfer.com (“Our Website”). They explain your responsibilities to us and our responsibilities to you, how and when our agreement with you can be terminated and the extent of our liability to you.

YOUR ATTENTION IS DRAWN TO CLAUSE 11 OF THESE TERMS AND CONDITIONS WHICH SETS OUT THE CIRCUMSTANCES IN WHICH WE MAY TERMINATE OUR AGREEMENT WITH YOU PRIOR TO COMPLETION OF A PAYMENT TRANSACTION.

WHEN YOU REGISTER ON OUR WEBSITE AND BY USING OUR APP OR ANY OF OUR SERVICES DESCRIBED IN THESE TERMS AND CONDITIONS, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE DO NOT USE ANY OF OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE A LEGALLY BINDING AGREEMENT AND IT IS IMPORTANT THAT YOU TAKE THE TIME TO READ THEM CAREFULLY.

  1. DEFINITIONS
    • We - GMK Money Transfer
    • Us - GMK Money Transfer
    • Our - GMK Money Transfer
    • Sender - You the person who is contracting with us for the provision of Our Services
    • Recipient - The individual or entity designated by you as the receiver of the Payment Transaction, who receives the money transfer via a designated Paying Agent or Bank Account
    • Exchange Rate - Currency exchange rate as set by us
    • Paying Agent - A person or a legal entity acting as a third-party provider of payment services or an agent acting on our behalf who pays out a Payment Transaction initiated by you in the destination country identified by you
    • Payment Order - All instructions submitted by you to us requesting the execution of a Payment Transaction.
    • Payment Transaction - The transfer of money to a Recipient
    • Force Majeure Event - Any of the circumstances referred to in clause 3.2.
  2. FORMATION OF CONTRACT
    • 2.1. Each Payment Transaction which we perform for you is a separate contract which incorporates these Terms and Conditions.
  3. LIMITATIONS ON OUR LIABILITY
    • 3.1. If a money transfer you ordered is delayed or fails, you may have a right to receive a refund or compensation under Money Transfer Regulations. Please contact us at info@gmkmoneytransfer.com for more information regarding refunds and compensations.
    • 3.2. Our total liability to you in connection with a Payment Transaction is limited to the full amount of the Payment Transaction together with any charges for which you may be responsible. We will not be liable to you where this is due to abnormal and unforeseeable consequences beyond our control, the consequences of which would have been unavoidable despite all efforts by us to the contrary or where this is due to other obligations imposed on us under other provisions of European Community or national law or if our failure to perform our obligations arise from:
      • An act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, export controls, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, pandemic or epidemic, industrial disputes, shortages of raw materials or components, general disruptions to transportation, telecommunication systems, power supply or other utilities.
      • The actions or omissions of third parties
      • Malfunctions in communications facilities which cannot reasonably be under our control and that may affect the accuracy or timeliness of messages you send to us.
      • Any losses or delays in transmission of messages arising out of the use of any internet access service provider or caused by any browser or other software which is not under our control.
      • Any Malicious Code interfering with our Service.
    • 3.3. We are responsible to you for foreseeable loss and damage if either it is obvious that it will happen or if, before the Payment order was made, both we and you knew it might happen, for example, if you discussed it with us before placing the payment order or during your account sign up process.
    • 3.4. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
    • 3.5. We are not liable for business losses. If you use our Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  4. ACCESSING OUR SERVICES
    • 4.1. We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Services. If you have granted permission to a third party to access your account, we may refuse access to that third party if we are concerned about unauthorised or fraudulent access by that third party. We will give you notice if we do this, either before or immediately after we refuse access, unless notifying you would be unlawful or compromise our reasonable security measures.
  5. INFORMATION SECURITY
    • 5.1. You are responsible for configuring your information technology, computer programmes and platform in order to access our Services. You should use your own virus protection software.
    • 5.2. You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, our servers, computers or databases. You must not attack our Website with any type of denial of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and/or our Services will cease immediately.
  6. LINKING TO OUR SITE
    • 6.1. You may link to our Website provided you follow certain rules. You may link to our Website, provided:
      • you do so in a way that is fair and legal and does not damage our reputation or take advantage of it
      • you do not suggest any form of association, approval or endorsement on our part where none exists
      • you do not frame our Website on any other site
    • 6.2. We reserve the right to withdraw linking permission without notice
  7. CUSTOMER SERVICE
    • 7.1. We value all our customers and take our obligations seriously. You may contact our customer services team in relation to Our Services by telephone on 0208 1339506, by email to info@gmkmoneytransfer.com
    • 7.2. We have established internal procedures for investigating any complaint that may be made against us. In accordance with our complaints procedure, any complaint you make must be made to us in writing by using our Online: Contact Us Form If you are still dissatisfied following our response to any complaint, you have a right to refer your complaint to the Financial Ombudsman Service (FOS)South Quay Plaza, 183 Marsh Wall, London, E14 9SR.

    Further information about making a complaint to the Financial Ombudsman Service can be accessed at www.financial-ombudsman.org.uk

  8. PERSONAL DATA PROTECTION
    • 8.1.Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you otherwise provide or have provided to us. By using Our Website, you consent to such processing and you represent and warrant that all data provided by you is accurate.
  9. CANCELLATION AND REFUNDS
    • 9.1. You do not have a right to cancel a Transfer. We may nevertheless be able to cancel it before the Recipient collects or receives the money. If you wish to cancel the Transfer and request a refund of the Transfer amount, you can call us on 0208 133 9506 or send an email to info@gmkmoneytransfer.com. We aim to process such requests promptly but in any case within 60 days.
    • 9.2. If the information you gave us about the Recipient (and, in the case of an online to account Transfer, the Recipient’s account) was incorrect, and we made the Transfer based on that information, we will be deemed to have made the Transfer properly, but we will still make reasonable efforts to recover the funds for you and, if you ask us to, we will provide you with available and relevant information to help you claim repayment of the funds.
  10. Exchange Rates
    • 10.1. When we refer to an exchange rate in this Agreement, it means the exchange rate displayed on our website, app or payment systems at the time you placed your payment order. Our exchange rate could change at any time, we strongly advise you to check our website to confirm the current exchange rate before placing your payment order.
  11. MAKING PAYMENT TO US
    • 11.1. Please use only the bank account details we provide at the time you submit your payment order. If the bank details we provide on our system is unfamiliar, Please call us for verification before making your payment, our contact number is 02081339506. We do not accept any liability for payments made into wrong accounts.
  12. TERMINATION
    • 12.1. We may terminate these Terms and Conditions and/or suspend Our Services to you immediately:
      • where you do not provide us with all the details we require to perform a Payment Transaction for you
      • where it becomes unlawful for us to continue to provide you with Our Services or we are required to do so by law, by any court of competent jurisdiction or by any governmental or regulatory body which authorises us to perform Our Services
      • following a material breach by you of any of these Terms and Conditions or in the event that we discover or have reasonable cause to suspect any crime, fraud
      • fraudulent activity or money laundering by you
  13. APPLICABLE LAW AND JURISDICTION
    • 13.1. Please note that these Terms and Conditions, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. These Terms and Conditions do not affect your statutory rights as a consumer, further details of which can be found by accessing the website of the FCA at www.fca.org.uk/consumers

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