Terms Of Conditions

Terms and conditions of Send UPT

Access to Send UPT and use of our Services is subject to the following terms and conditions (hereinafter the Agreement).

Introduction

These terms and conditions, and all applicable policies (hereinafter the “Agreement”) which are available on the website govern your rights and obligations as a user of Send UPT in accessing and using Services provided by us.

This Agreement refers to the following additional documents, which also apply to your use of our Services:

Privacy Policy, which sets out the terms on which we process any personal data we collect about you, or that you provide to us. You consent to such processing and you undertake that all date you provide to us is accurate.

Frequently Asked Questions, which provides common customer questions and answers to these.

In order to receive our Services, you may be asked to agree to additional terms and conditions (including relevant sections below) which we will notify you about at the relevant time.

By registering with Send UPT and/or using our Services, you accept these terms and conditions in full, including any future changes as applicable when using our Services. Accordingly, if you disagree with the terms and conditions or any part of the terms and conditions, you shall not use Send UPT.

You can always see the most current and applicable version of this Agreement on the Send UPT website (http://sendupt.agencylook.org/en/terms-of-conditions.html)

This Agreement is effective from the date on which you first register or use the Service.

Definitions

In this Agreement:

Business day means any day on which we are open for business for the execution of a Payment Instruction to UPT.

Payment Instruction means a specific instruction originated from you that we forward to UPT for the execution of a funds transfer to a designated Recipient.

Payment Order means you a Payment Order submitted by for the transfer of funds to a designated Recipient.

Services means all services provided by us, including content, features, technologies or functions offered by us.

Set Delivery Order means the order option of sending a fixed amount of funds in the currency in which the funds are to be delivered to the Recipient.

Set Origin Order means the order option of sending a fixed amount of funds in the currency in which the funds are provided by the Sender.

Recipient means the beneficiary in the Payment Order receiving the funds to be transferred.

Transaction means the execution of a Payment Order from the time a Payment Instruction is sent to UPT until the funds reach the Recipient’s account.

Background

Send UPT is a company incorporated under the laws of Denmark, with company registration number 39216094, and registered address at Toldbodgade 55 B, 1253 Copenhagen, Denmark.

Send UPT Services is brought by Inpay A/S, a Danish payments institution licensed by the Danish Financial Supervision Authority under the Directive (EU) 2015/2366 for providing payment services, with license number 22008, company registration number 32317731, and registered address at Toldbodgade 55 B, 1253 Copenhagen, Denmark.

In this Agreement, the terms “Send UPT”, “we”, “us”, “our” refer to Send UPT together with its employees, directors, affiliates, successors, and assigns.

Access to the Services

In order to register and use our Services you must be 18 years old or older. You shall not use our Services or register an account if you are under 18 years old. We reserve the right to ask you to provide proof of age.

The Services are available to businesses and entities. If you are not an individual, you confirm that you have authority to bind any business or entity on whose behalf you use our Services, and that business or entity accepts these terms.

You warrant and declare that opening and/or using a Send UPT account does not violate any laws applicable to you. You take responsibility for any consequences of your breach of this section.

The Send UPT Account

The Send UPT Account allows you to make use of an online money transfer solution. You may send funds in the currencies which is supported under the Send UPT platform.

The transfer of funds may be subject to certain limits depending on your country of residence, verification checks or other legal or compliance considerations.

The Send UPT Account may only be operated by you, and you shall not allow anyone else to operate your Send UPT account on your behalf.

Registering a Send UPT Account and Getting Started

In order to make online transfers and use our Services, you must first register a Send UPT account with us and provide your details as requested.

In providing you details and using our Services you declare to at all times:

provide us with true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes;

provide us with any identity documentations as may be requested by us;

We reserve the right to confirm the accuracy of your information and/or provide additional supporting documents.

All transaction and activities under the Send UPT account shall be deemed as activities carried out by the registered user. You warrant to not use the Services to transact on behalf on any other person or entity. In addition, you may only open one Send UPT account. We reserve the right to close or merge duplicate accounts at our sole discretion.

Request for Personal Information

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 Recipient) in order to register your account and/or provide any Services to you.

By using our Services you agree to comply with any request from us for further information and provide such information or documentation in a format acceptable to us. In addition, you agree that we may share this information with any relevant third party for operation of the UPT Send Platform and make directly or through any third party, any inquiries we consider necessary to validate the information you provide to us, including checking commercial databases.

Security

Where, for whatever reason, a security feature is compromised on your Send UPT account, our Customer Support will assist you in investigating and resolving the breach of security as soon as is reasonably practicable. By registering a Send UPT Account you agree to:

Change your password regularly and ensure it is not reused across other online accounts.

Contact Customer Support (http://sendupt.agencylook.org/en/contact.html) if anyone asks for your Send UPT password.

Keep your e-mail account secure. You may reset your Send UPT Account using your email address.

Let Customer Support (http://sendupt.agencylook.org/en/contact.html) know immediately if your email address becomes compromised.

By registering a Send UPT Account you agree to not:

Disclose your Send UPT Account password or your customer reference number (which starts with the letter _____ followed by a series of numbers). Keep them safe.

Let anyone access your Send UPT Account or watch you accessing it.

Use any functionality that allows your login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded.

Do anything which may in any way avoid or compromise the 2-step authentication process.

If you suspect your Send UPT account or other security credentials are stolen, lost, used without authorization or otherwise compromised, you must contact Customer Support (http://sendupt.agencylook.org/en/contact.html) immediately, you are also advised to change your password. Any undue delays in notifying the Customer Support may affect the security of your Send UPT Account and also result in you being responsible for financial losses.

Payments through Send UPT

When making a Payment Order you will be presented with one or more methods of transferring funds to Send UPT for the purposes of sending money to your Recipient, for example, bank transfer or an online direct payment method (Transfer Methods). The Transfer Methods are services provided by third parties, and we cannot guarantee the use of any particular Transfer Method and may change or stop offering a Transfer Method at any time without notice to you. Any account you use with your chosen Transfer Method must be in your name.

When making a Payment Order you will also be presented with two order options. You can choose A “Set Origin Order” which is a Payment Order where you indicate that you wish to send and convert a set amount of Origin Currency to your Recipient whom will receive the converted amount in the Delivery Currency. The second option is a “Set Delivery Order” which is a transfer where you indicate that you wish to send and convert a set amount of Delivery Currency to your Recipient from the Origin Currency you pay into us.

When making a Payment Order you will also be presented with one or more methods for the Recipient to receive the money, for example through delivery to Recipient’s bank account, or a cash collection (Funds Delivery Methods).

When choosing a cash collection as a Funds Delivery Method, UPT Ödeme Hizmetleri A.S, a payment processing service provider established under the laws of Turkey, its parent company and subsidiaries will make the cash collection available to the Recipient at a location through its own network or its partner networks, including the network of Posta ve Telgraf Teşilatı A.Ş (PTT). All Funds Delivery Methods are services provided by third parties and we cannot guarantee the use of any particular Funds Delivery Method and may change or stop offering a Funds Delivery Method at any time without notice to you.

To set up a Payment Order via Send UPT you need to provide certain information to us including:

the full name of your recipient;

Sender and receiver country;

Purpose of transfer;

your recipient’s bank account details; and

amount to be transferred.

You may also be asked to provide any other information, as set out above that must be provided for a Transaction to be completed. In order to comply with our obligations under relevant laws, we reserve the right to ask for further information or evidence relating to the purpose of a Payment Order. If you fail to do so, we reserve the right to cancel the Payment Order.

It is your responsibility to check the Recipient details. We will rely solely on the Recipient details you give us and have no power to check to ensure that the Recipient name provided by you accords with the account number you have given us, or that the details of the Recipient to which cash is to be delivered to is correct.

We may place limits on the amount you may send per transfer according to applicable law or compliance reasons.

We have certain cut-off times where we can process your Payment Order. If your Payment Order is received by us after 4 pm (UTC +3) on a Business Day or not on a Business Day, your Payment Order will be deemed received on the following Business Day.

We will only process your Payment Order if we hold or have received sufficient cleared funds in our accounts. It is your responsibility to send the requisite amount in accordance with the Payment Order and in a timely manner. We have no liability for the time it takes for the money to be sent to us by you, any intermediary bank or payment service provider.

If your chosen Transfer Method is that of a bank transfer, the payment needs be done on the day of the Payment Order. We reserve the right to cancel the Payment Order if the funds are not received within three (3) business days from the date in which the Payment Order was set up, in accordance with clause 22 (Closing Out).

You will receive a confirmation email as soon as practicably possible after we have received your Payment Order. In case of cash collection by the Recipient, such Recipient will receive a notification of the location and documentation needed in order to collect the funds. Each Payment Order is given a unique transfer number and is shown in the transaction history on your Send UPT Account. You should quote this transfer number when communicating with Customer Support about a particular Payment Order.

When you complete the set up your Payment Order you will be notified of the estimated delivery time. We will use reasonable efforts to ensure that the funds arrive in the Recipient’s bank account or be available for cash collection within the timelines notified or otherwise specified on the Send UPT website (http://sendupt.agencylook.org/en/terms-of-conditions.html). We do not have any control over the time it may take for the Recipient’s bank to credit or any third parties to make available funds to the Recipient for cash collection.

If the Recipient does not collect the money within thirteen (13) months after the date it becomes available for cash collection, all rights of correction and cancellation of the Payment Order shall be deemed to be waived by you.

The transfer of personal data is necessary for processing and completing a Payment Order. When you register and submit a Payment Order, you are requesting that we process a transaction on your behalf and consenting to the execution of the Payment Order, including processing and sharing your data with any third parties outside the European Economic Area.

We will not pay to you any interest on any funds held by us whether by way of deposit until the Payment Order is completed or otherwise.

Compliance Measures

The time for processing your Payment Order may vary depending on verification checks. We carry out verification checks, and these checks may increase the time it takes to process your Payment Order. We cannot be responsible for any delays as a result of carrying out those checks.

You acknowledge that any Payment Order or 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 Payment Order instructions; to contact you; or due to variations in business hours and currency availability; or otherwise to comply with applicable law. We will notify you if we are unable to process you Payment Order or complete your Transaction, and the reasons thereof, subject to such notification being lawful.

When you submit a Payment Order, you are requesting that we process the transaction on your behalf and consenting to the execution of the Payment Order. We may, in our sole discretion, choose whether or not to accept the offer to process the Payment Order. If we choose to continue with a Payment Order, we may still suspend or cancel the Transaction in our discretion, or the availability of our Services to a particular Sender or Recipient without otherwise affecting the provisions of the Services or violating the terms of this Agreement.

In the event that we, or any of our intermediary banks, or third parties flag any activity or transaction as requiring further investigation, then you agree to:

promptly on request provide us with any applicable information or documentation and acknowledge that we may forward such information onto any relevant third parties;

that any investigation may result in delay or rejection of the relevant Payment Order;

that in the event the necessary information is not provided, or there is an unreasonable delay in providing required information, the payment will not be processed by us and if already processed, will be recalled by us; and

that we may be obliged under law to withhold the funds and file a suspicious activity report.

Cancellations by Sender and incorrect information by Sender

You have the right to cancel your Payment Order as set out in your Send UPT account, subject to the funds not been sent to any of our partners for delivery to the Recipient. If the funds have been sent out of our accounts you cannot cancel the Payment Order. .

If we have processed your Payment Order in accordance with the information you have provided to us it will be considered correctly completed even if you have made an error. If you provide incorrect information with your Payment Order, such as wrong Recipient details, we will use reasonable efforts to recover the funds for you, and may charge a fee.

If your funds are sent to the wrong Recipient details as the result of a mistake made by you, and we have acted in accordance with your Payment Order, we will be under no obligation either to recover the funds or to resend the funds to the correct Recipient or Recipient account. You will need to book a new Payment Order. If your funds are sent to the wrong Recipient or Recipient account as the result of a mistake made by us, we will take urgent action at our own expense to recover those funds. We have no liability for funds lost or misdirected unless such loss or misdirection is solely attributable to us.

Exchange Rates

Estimated Exchange rate

When you place your Payment Order we will provide you with an estimated exchange rate (the mid-market exchange rate at the time the funds are converted, for the relevant currency pair). You will be notified of the exchange rate used once the funds have been converted.

Rate limit

Your Payment Order will be subject to a rate limit which is the maximum percentage of negative change to the estimated exchange rate you authorized us or our third parties to convert your money. The rate limit is 3%; accordingly, if the exchange rate reaches or exceeds this rate limit we will not complete the Payment Order until the rate has moved back within the 3% rate limit. Followingly, the delivery time and completion of the Payment Order will be delayed. If the Payment Order is delayed more than 5 days due to the rate limit, we will cancel the Payment Order and return the funds to you.

Maintaining your Send UPT Account

Registration of transactions

All your current and past Payment Orders and Transactions are recorded in the transaction history section of your Send UPT Account. You may access this information after you have logged into your Send UPT Account. We have allocated a reference number to each transaction, you should quote this reference number when communicating with Customer Support about a particular Transaction.

Security measures

You must check your Send UPT Account regularly carefully and contact Customer Support immediately if you don’t recognize a transaction or think we have made a payment incorrectly. You must tell us about any unauthorized or incorrectly executed transactions immediately, but no later than 13 months from the transaction; otherwise you may not be entitled to have any errors corrected.

Closing your Send UPT Account

You may end this Agreement and close your Send UPT Account at any time by contacting Customer Support.

You warrant to not close your Send UPT Account to avoid an investigation. You must not close your Send UPT Account to avoid an investigation. If you attempt to close your Send UPT Account during an investigation, we may hold your money until the investigation is fully completed in order to protect our or a third party’s interest.

You agree that you will continue to be responsible for all obligations related to your Send UPT Account even after it is closed.

Taxes

You are responsible for any taxes which may be applicable to payments you make or receive, and it is your responsibility to collect, report and pay the correct tax to the appropriate tax authority.

Fees

You must pay the fees for the use of our Services. We will let you know the amount fee applicable to you when you set up your Payment Order.

By using our Services, you agree to the fees applicable to your Payment Order, including miscellaneous fees such as, recover the funds for you (if possible), when having provided incorrect Recipient details in the Payment Order.

Intellectual Property Rights

While you are using our Services, you may use the Send UPT Intellectual Property only for your personal use and solely as necessary in relation to those Services.

Any and all intellectual property rights related to the UPT Send platform and the Services provided by us under this Agreement shall remain the sole property of us.

Except for the rights expressly granted in this Agreement, we do not grant to you any rights or licenses, whether express or implied.

Liability

If you have a loss or damage because of something we have done or failed to do, and provided this loss or damage was foreseeable, you may be able to claim back the loss from us. We are responsible for any loss or damage suffered by you as a result of us breaking this contract or failing to use reasonable skill and care. For the purposes of this Agreement, loss or damage is foreseeable if either it is obvious that it will happen, or if, at the time the contract was made, both parties knew it might happen, for example, if you discussed it with us during your account sign up process.

We are not liable for indirect losses, loss of business, business interruption, loss of property, loss of profit or revenue, loss of technology, rights or use of services, incidental, punitive, indirect or consequential damages.

We are not liable for technological attacks, unauthorized payments, any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programs, data or other proprietary material related to your use of our Services. If you do not quickly notify us of security issues on your Send UPT Account (e.g. loss of your password), you remain liable for losses incurred up to your notification to us.

We have no control over websites linked to and from the website. We assume no responsibility for their content or any loss or damage that may arise from your use of them.

We are not liable for things which are outside of our control. We (and our affiliates) cannot be liable for our inability to deliver or delay as a result of things which are outside our control. We are not liable for any failure or delay on any third party or Recipient bank’s part.

We are not liable for loss or damage resulting from non-payment or delay in payment to a Recipient.

We exclude all liability where you have acted fraudulently, with negligence or omission, where you are in breach of this Agreement, where we have acted consistently with our obligations under this Agreement, and in accordance with your Payment Order, and/or where lost or misdirected funds cannot be solely attributable to us.

For any amounts, which have been confiscated or appropriated by any government, bank, regulatory or other authority unless such confiscation is due to a material violation of our obligations under this Agreement.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. The above exceptions will not apply if the law does not allow us to exclude or limit liability.

In case of a mistake due to our error, we shall at our request immediately refund the payment amount including all fees deducted.

You are responsible for checking your Send UPT Account regularly. We rely on you to regularly check the transactions history of your Send UPT Account and to contact Customer Support immediately in case you have any questions or concerns.

You are liable for breaking this Agreement or applicable laws. In the unlikely event of loss or claims or costs and expenses arising out of your breach of this Agreement, any applicable law or regulation and/or your use of our Services, you agree to compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends.

Accessing our Services

We provide the Services to you using reasonable care. We do not guarantee that our Services will always be available, in whole or in part, in certain regions, countries or jurisdiction 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.

Information security

You are responsible for configuring your information technology, computer programs and platform in order to access our Services. You should use your own virus protection software. We cannot guarantee that our Services will be free from bugs or virus.

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 unauthorized 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 Penal Code of Denmark. 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.

When we can end this Agreement or suspend our Services

We may end this Agreement and close your Send UPT Account or any service associated with it by giving you two months’ prior notice at our sole discretion.

We may at any time suspend or close your Send UPT Account and/or end this Agreement without notice if:

you breach any provision of this Agreement or documents referred to in this Agreement;

we are requested or directed to do so by Send UPT, any competent court of law, government authority, public agency, or law enforcement agency;

we have reason to believe you are in breach of any applicable law or regulation; or

we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity.

We may suspend your Send UPT Account or restrict its functionality if we have reasonable concerns about:

the security of your Send UPT Account; or

suspected unauthorised or fraudulent use of your Send UPT Account.

Closing out

We may cancel a Payment Order and all current Transactions that you have with us:

if you breach any provision of this Agreement or documents referred to in this Agreement;;

if you fail to provide any information we have requested or any information or warranty you have given us is or becomes, in our opinion, inaccurate, incorrect or misleading;

in the event of your death or loss of mental capacity;

if the performance of our obligations under this Agreement becomes illegal;

if a serious dispute has arisen between us; or

if you terminate this Agreement in accordance with the Agreement.

if the Recipient does not collect the money within one (1) month of cash collection being available to the particular Recipient.

if we do not receive the funds from you for processing the Payment Order within three (3) Business Days.

When we cancel a Payment Order or a Transaction that you have entered into, we return the funds you have transferred to us minus the fee. We reserve the right to recover the expenses of any such cancelled Payment Orders or Transactions.

Payment of Loss - You acknowledge that the amount of any loss realized on the cancelled Payment Order or Transaction is a debt payable by you and agree that we may immediately deduct the total amount of any loss (together with any expenses, premiums, commissions or other fees) from any funds we hold for you and any amount held by us for payment to any Recipient. If the amount we are seeking to recover exceeds the amount of any funds held by us, you agree to pay the balance within 7 days of being notified by us of the total amount due.

Default Notification - You must notify us immediately if you become aware of any event referred to in clauses above happening or being likely to happen.

We will give you prior notice of any cancellation, suspension or restriction and the reasons for such suspension or restriction as soon as we can, unless notifying you would be unlawful or compromise our reasonable security measures. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.

Our right to make changes

We may change this Agreement by giving you at least two (2) weeks’ prior written notice. If we do this, you can terminate this Agreement immediately by providing written notice to us during the notice period. 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.

Despite section 23.1, changes to this Agreement which are (1) more favorable to you; (2) is required by law; or (3) relates to the addition of a new service, extra functionality to the existing Service; or (4) any other change which neither reduces your rights nor increase your responsibilities, will come into effect immediately if they are stated in the change notice.

Our means to contact you

We primarily contact you via email. It is thus vital that you regularly check your email for incoming mails from us. We do not assume liability for any consequence or loss if you do not do this. If we have reasonable concerns about the security of your Send UPT Account, or any suspected or actual fraudulent activity on your Send UPT Account, we will contact you via email or telephone, provided that contacting you is not unlawful or compromises our reasonable security measures.

Complaints

If you have any complaints about us or our Services, you may contact us following our customer complaint procedure (http://sendupt.agencylook.org/en/contact.html)

Miscellaneous

Third Party Rights

This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement any other person in order to end or make any changes to this Agreement.

Assignment

You may not transfer, assign, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights and obligations under this Agreement (including the Send UPT Account). We reserve the right to transfer, assign or novate this Agreement (including the Send UPT Account) or any right or obligation under this Agreement at any time without your consent. This does not affect your rights to close your Send UPT Account.

Severability

Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Waiver

If we delay in asking you to do certain things or in taking action, it will not prevent us taking steps against you at a later date.

This Agreement

This Agreement supersedes and extinguishes all previous agreements between you and Send UPT, whether written or oral, relating to its subject matter.

Language

This Agreement is made in the English language. Documents or communications in any other languages are for your convenience and only the English language version of them are official.

Governing law

This Agreement is governed by Danish law. Any dispute between you and us in connection with your Send UPT Account and/or this Agreement may be brought in the courts of Denmark.