TERMS AND CONDITIONS

1.    BASIS OF CONTRACT AND OVERVIEW

1.1    These Terms and Conditions (“Terms and Conditions”) governs the transactions and other activities under which you may transfer and/or make an instruction to transfer money and services associated with it (“Service”) by Dahabahiil. These Term and Conditions and Payment Instruction constitute the whole agreement between you and us for doing any transfer. By making an instruction either by your physical presence and making an instruction by an electronic media as a Long-Distance Customer (LDC), you agree to follow the provisions of these Terms and Conditions. 

1.2    In these Terms and Conditions, the terms “Dahabshiil”, “we”, “our” and “us” refer to Dahabshiil Money Transfer Service ApS together with its employees, directors, affiliates, successors, assigns and its authorized representatives. Dahabshiil is a company registered in Denmark having CVR number 26523591, with its registered office at Fredriksborgvej 48. St, Sal. 2400 København NV. Dahabshiil is authorised by Finanstilsynet - the Danish Financial Supervisory Authority (FSA) for the payment services.

1.3    The terms "you" and "your" refer to users of our Service, as a Sender and/or a Recipient, other customers of Dahabshiil.

1.4    These Terms and Conditions are effective from the date on which you make the first instruction, register or use our Service. The Terms and Conditions may change from time to time, but changes will only be effective 2 months from the date they are first notified to you and will not change the terms on which you previously used the Service.

1.5    The Service assists the customers to send money to their family and friends, and to receive money from family and friends, around the world. For security reasons, we recommend that you only send money through this Service to people you know personally. You must not use the Service to send money to do and/or support any illegal activities and to send money to the strangers.

1.6    The Instruction made by you is considered as an offer by you to enter into a binding contract with us and we are free to accept or reject this offer at our absolute discretion. If any of these Terms and Conditions are inconsistent with any term of the Instruction, the Instruction shall prevail.

1.7    We will assign a unique transaction number to the Instruction. Please refer this unique transaction number in any subsequent correspondence with us relating to the Instruction.

1.8    Any request for cancellation and amendment of an Instructions may be made by a phone call by the sender from the same phone number from which payment instruction was made and which is registered in our system or filling in a cancellation request form online or by making a request in person at one of our offices during the working hour. It may take up to 24 hours to confirm the cancellation request and we will send a confirmation SMS once cancellation request is approved. However, cancellation and/or amendment is not possible if the money is paid to the beneficiary/recipient. In case of cancellation, we will refund the full amount of money to you. Any refunds will be made by the same means of payment which you originally used to pay us. 

1.9    We will release payment in accordance with your Instruction to an individual who satisfied the requirements listed in Clause 4.4 of this Terms and Conditions. If we or our agent, after doing the verification, have reasonable ground to rebelieve that the intended beneficiary or recipient is authentic, will releases the payment to that person.

1.10    Unless agreed otherwise, the money will be released to the Beneficiary in the currency of the destination country. All currency is converted at our rate of exchange in effect at the time to Instruction is processed by us.

2.    DEFINITIONS

2.1 In these Terms and Conditions:

(a)    “Instruction” means a Payment Request and/or a Transaction Request.

(b)    “Beneficiary/Recipient” means someone who receives money through the Service.

(c)    "Payment Instrument" means a valid instrument of payment such as a bank account, debit card or credit card.

(d)    “Payment Request” means a specific instruction from you to a Sender requesting a Transaction.

(e)    "Payout Amount" means the amount paid out, after any foreign exchange conversion, to the recipient or beneficiary exclusive of the Service Fee.

(f)    "Service Provider" means a local bank, money exchange house, or other third-party service providers in the Destination Country with whom Dahabshiil works to provide the Service.

(g)    "Transaction" means the transfer of money through the Service.

(h)    “Transaction Amount" means the amount of money that the Sender wishes to send to the beneficiary as a Transaction, excluding any applicable Service Fee and prior to any foreign exchange conversion.

(i)    “Transaction History” means the record of your Transactions on our website.

(j)    "Transaction Request" means a specific instruction from you requesting us to send money to a beneficiary through the Service.

(k)    "Sender" means someone who uses the Service to send money.

(l)    "Service Fee" means Dahabshiil’s fee plus any additional charges or Local Taxes applicable to each Transaction, which Dahabshiil may charge in its sole discretion in accordance with applicable laws.

(m)    "Destination Country" means the country in which the beneficiary receives money through the Service.

(n)    “Business Day” means any day on which we are open for business for the execution of Transaction Requests and/or Payment Requests.

(o)    "Local Taxes" means any taxes or charges payable in the Destination Country.

(p)    Prohibited Purpose" refers to any unlawful purpose; to making or receiving payments for gambling services, gambling chips or gambling credits; or to sending a payment to yourself as the Recipient in order to evidence financial soundness (Risk of Fraud); or sending or receiving money on behalf of someone else.

3.    OUR RESPONSIBILITY TO YOU

3.1    Subject to these Terms and Conditions, we agree to provide the Service to you using reasonable care. You acknowledge that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions.

3.2    When you make a Transaction Request, you are requesting that we process the Transaction on your behalf and consenting to the execution of the Transaction. We may, in our sole discretion, choose whether or not to accept the offer to process that Transaction. If we decide not to process the Transaction, we will notify you promptly that decision and repay to you the Transaction Amount received by us. If we choose to proceed with the Transaction we may still suspend or cancel it in our discretion.

3.3    Dahabshiil reserves the right to modify or discontinue the Service or any part of the Service without notice, at any time and from time to time.

3.4    We may, in our absolute discretion, refuse any Transaction Request or impose limits on the Transaction Amount. We may do so either on a per Transaction basis or on an aggregate basis, and either in respect of one set of registration details or one Payment Instrument or on related sets of registration details or Payment Instruments.

3.5    Delivery times quoted on our service levels or elsewhere on our website are representative for the “normal” / average service and are not a guarantee of an individual Service or Transaction time.

3.6    We will attempt to process Transactions promptly, but any Transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your Transaction instructions; to contact you; or due to variations in business hours and currency availability; or otherwise to comply with applicable law.

3.7    We may send and receive notifications in relation to Transactions by a confirmation SMS. We will provide you with information about confirmation of payment to the beneficiary, and his/her first name and reference number of the transaction. In addition to that, you may track the Transaction online by using the reference number.

3.8    We will provide Senders and receivers with updated information regarding the location and opening hours of our Service Providers. However, you agree that Dahabshiil will not be held responsible for any inaccuracies that may appear in that information or any consequential loss which may result from incorrect or incomplete information.

3.9    We have no obligation to you to initiate or perform a money transfer or other transaction as part of our Service if:
(a)    we are unable to obtain satisfactory evidence of your identity;
(b)    we have reason to believe that the transaction message is incorrect, unauthorized or forged;
(c)    you provide us with incorrect or incomplete information; or
(d)    your card issuer does not authorise your use of your bank card for payment of the transaction and our related charges.

3.10    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events out of reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and including but not limited to:
(a)    strikes, lock-outs or other industrial action; or
(b)    civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c)    fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d)    impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(e)    impossibility of the use of public or private telecommunications networks.

4    YOUR RESPONSIBILITY TO US

4.1    You acknowledge and agree that you will not access, use or attempt to use our Service to provide any Instructions unless you are at least 18 years old, and that you have the legal capacity to form a binding legal contract in any relevant jurisdiction;

4.2    You acknowledge and agree to pay our charges for each money transfer or other transaction which you initiate or request in addition to the Transaction Amount. You also agree to pay the principal amount of a money transfer and our charges by using a bank card. Each time you use our Service, you agree that we are authorised to charge your card issuer for the principal amount of any money transfer and our charges relating to the relevant transaction before we perform the money transfer or other transaction.

4.3    You acknowledge and agree that the information you provided with us are true, accurate, updated and complete. Any penalty and/damages due to incorrect and/or false information should be paid by you. You also agree to provide any additional information and document for any legal requirements (i.e anti-money laundering).

4.4    You acknowledge and agree to ensure that the beneficiary will provide our agent with valid personal identification and the unique transaction number and will sign the required documents to release the money. Further, the beneficiary will also fulfil other regulatory requirements of destination country. 

4.5    When you are using the Service under these Terms and Conditions, it is your responsibility to make sure all the information is accurate before submission. Once a Transaction Request has been received it is not normally possible to change any information of that Transaction Request. You will be given the opportunity to confirm Transaction Requests before submission and you must check the details carefully.

4.6    You will only use the Service to send money to people that you know personally and not to pay for goods or services from third parties you do not know and trust. You acknowledge that Dahabshiil may refuse to process your Transaction Request where we believe you are using the Service to purchase goods or services from third parties you do not know and trust or where we believe that the Service is being used, by you or the Recipient, in furtherance of fraudulent, illegal or Prohibited activities. 

4.7    You agree to comply with these Terms and Conditions as well as any applicable laws, rules or regulations. It is a breach of these Terms and Conditions to use the Service to send money: (i) to a beneficiary who has violated the Terms and Conditions, or (ii) in connection with illegal activity including but not limited to money-laundering, fraud and the funding of terrorist organisations. If Dahabshiil reasonably believes you are using the Service in connection with illegal activity or for any fraudulent purpose, or are permitting a third party to do so, we may report you to the appropriate authorities.

5.    OUR RIGHT TO REFUSE, SUSPEND OR CANCEL

5.1    We may refuse any Transaction Request, Payment Request or Transaction at any time for any reason (or cancel it where relevant). Notwithstanding this, we set out here some examples of when we may suspend, cancel or refuse you Payment Request. 
(a) When our services are used for any illegal activity and/or in breach of any law;
(b) When our services are used to conduct any fraudulent activities;
(c) If we notice any money laundering activities;
(d) If the fund is used for terrorist activities;
(f) If the recipient is reported by government authority;
(g) If the transaction request is made by any unauthorised person or by fraudulent documents;
(h) If the identification of the sender and receiver is not possible to verify;
(g) If we need to comply with any law; 

6.    YOUR RIGHT TO CANCEL AND REFUNDS

6.1    Subject to the provisions of Clause 1.8, you may request to cancel an Instruction before the transaction amount is paid to the beneficiary. You do not have the right to cancel it after the payment is made to the beneficiary.

6.2    Notwithstanding clause 6.1 above, Dahabshiil may, in its absolute discretion, or if required by law, attempt to cancel or recall your Instruction if you have informed us that you wish to revoke it.

6.3    If we have executed the Transaction in accordance with the instructions you have provided to us, and that information proves to have been incorrect, we are not liable for the incorrect execution of the Transaction. We will however make reasonable efforts to recover the funds. We may charge you a reasonable fee, reflective of our efforts, to do so.

7. PROVISION OF TRANSFER

7.1    We will make every effort to complete the Transfer in a few hours, however it may be delayed due to circumstances beyond our control. In this case we will complete the Transfer as soon as reasonably possible.

7.2    Transactions may be delayed due to technical problems, or other technical activities to upgrade to our system/service. In such case, we will promptly notify you the issue and will make the transaction as soon as the technical problem is solved.

8    INTELLECTUAL PROPERTY RIGHTS

8.1    The copyright, design and all other intellectual property rights in any materials and documents or items that we prepare or produce for you in connection with the Transfer will belong to us absolutely.

8.2    You may not use the materials, documents or other items detailed in Clause 8.1 for any commercial purpose.

9    COLLECTION OF INFORMATION

9.1    Customer Identification - Danish law and EU law require all financial institutions to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers. We may therefore require you to supply us with personal identifying information relating to you and the Recipient and we may also legally consult other sources to obtain information about you and the Recipient.

9.2    Verification and Checks - We will verify your address and personal details in order to confirm your identity. We may also need to verify the identity of a Recipient in the same way. All information provided by you will be treated securely and strictly in accordance with the GDPR. By accepting these Terms and Conditions you authorise us to make any inquiries we consider necessary to validate the information that you provide to us. We may do this directly, for example by asking you for additional information, or requiring you to take steps to confirm ownership of your Payment Instruments or email address; or indirectly, for example by verifying your information against third party databases or through other sources.

9.3    Privacy Policy - You consent to our processing your personal information for the purposes of providing the Service, including for verification purposes as set out in this clause. You also consent to the use of such data to enable us and our authorised third parties to communicate with you, and for statutory, accounting and archival purposes, in accordance with the terms of Dahabshiil's Privacy Policy. You acknowledge that you have read and consented to Dahabshiil's Privacy Policy. The Privacy Policy can be found by clicking here.

9.4    Government Disclosures. We may be required by law to provide information about you, your use of the Service and your Instructions to government or other competent authorities as described in our Data Privacy Policy. You acknowledge and consent to us doing this.

9.5    Dahabshiil may, as necessary in providing the Service, store all information required of a Recipient to prove his or her identity or associated with their specific Instruction. Such proofs may include a suitable form of valid, unexpired identification from a list of acceptable papers provided by the Service Provider, and/or a transaction tracking number, a personal identification number (PIN), or other similar identifiers.
     

10    PRICE AND PAYMENT

10.1    The commission charged on the Transfer will be as set out in our standard commission table in force at the time we confirm your Instruction. Rates may change at any time, but price changes will not affect Instructions that we have already confirmed in writing. Our quoted prices include any applicable VAT.

11    GENERAL

11.1    Governing law: this Agreement will be governed by Danish law and the parties submit to the exclusive jurisdiction of the Danish Courts.
11.2    No Waiver: The failure of Dahabshiil to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

11.3    Modification: We may modify these Terms and Conditions from time to time without notice to you, except as may be required by law. You can review the most current version of the Terms and Conditions at any time by reviewing the website. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify these Terms and Conditions and acknowledge that any attempts by you to modify these Terms and Conditions shall be void.

11.4    Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements relating to the subject matter of this agreement.

11.5    Severability: If any provision of the Terms and Conditions is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give appropriately valid effect to the intention of the Terms and Conditions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.

12    CUSTOMER SERVICE, COMPLAINTS

12.1    If you discover any errors or have any problems with or related to the Services of Dahabshiil or wish to file a complaint, you will generally communicate with us by email at the following address: operations@dahabshiil.dk. 

This does not affect your right to communicate with us by any of the following means: telephoning us on +4535833558 or +4530332656 - available from 10:00 to 18:00 (Sunday and Holidays closed). 
Or writing to us 
Fredriksborgvej 48. St, Sal. 
2400 København NV