Framework Terms & Conditions

Money Transfer Service
These Terms and Conditions govern the money transfer service provided to you by Gul Exchange Ltd whose registered office is: Gul Exchange Ltd, 192C Roundhay Road, Leeds, England, LS8 5PL. Company Registration No: 12169351 (the “Firm”). For simplicity we will refer to ourselves as “the Firm” or we/our/us”. These Terms and Conditions constitute a framework contract which governs the future execution of successive payment transactions, where you hold a money transfer account with us and there is an ongoing business relationship between us.
We are registered with the Financial Conduct Authority under the Payment Services Regulations 2017 (registration number: 932490) for the provision of payment services.
We operate a money transmission service, which you will use to send money transfers to Afghanistan. Our money transfers can be sent to and picked up at most locations in Afghanistan. The main characteristics of the payment services, which we may provide to you, are as follows:
• Retail money remittance service: a money transfer service for a sending customer where a remittance payment is made to a named receiving customer in Afghanistan;
We are agreeing to provide you with a money transfer service. We do not accept any responsibility for any goods or services which may be paid for by a money transfer (or any taxes, charges or duties payable thereon). You are cautioned against sending money to any person you do not know. You bear the risk of your intended payee failing to pick up the payment after it has been transferred to the correct destination.

Communications

We may accept your instructions only through your personal visit to our premises. It applies to all present and any future business with you, but does not imply that we can or do currently accept all types of communications: we will tell you what types we will accept.
We may decline to act on any communication, even if we have told you we will in general accept that type of instruction. We may do this in particular if we consider that there is doubt about the validity of the communication and it is in our or your interest to query it with you. However, we are not obliged to check or consider the validity of your communications unless we have previously agreed a system of validation with you.
If we come to believe that you may not have properly authorised a communication, we may, after making reasonable enquiries to check whether it was authorised, refuse to act on the instruction and take steps to reverse any action already taken on it.
You must follow any security procedures we specify. We may also require you to sign a separate agreement before you can use some types of communication to send us instructions and to access some kinds of services by communication.
We may insist that you confirm any communication in conventional written form by the next business day. We need not wait for confirmation before acting on the instruction. For the purposes of these terms and conditions:
We can communicate with you by any form of communication by which you have chosen to be able to give us instructions.
These Terms and Conditions shall be provided in English and made available online.
After we receive a payment instruction from you as payer, we shall make available to you the following information:
• A reference enabling you to identify each payment transaction and, where appropriate, information relating to the payee;
• The amount of the payment transaction in the currency used for the payment instruction;
• The amount of the charges and transfer fees for the payment transaction payable by you (with a breakdown of such amounts where applicable);
• Where applicable, the exchange rate used in the payment transaction by us and the amount of the payment transaction after that currency conversion; and
• The date of receipt by us of your payment instruction.

The information specified above, be made available to you once a month using one of the methods of communication described above enabling you to store and reproduce the information unchanged. You will examine the confirmations and communications which we send to you within a reasonable time after receiving them and will promptly advise us without undue delay of any apparent mistake or discrepancy. Delay in notification may make correcting any error difficult.
If you require information on an individual payment transaction before sending us an instruction, please contact us at info@gulmoneytransfer.co.uk

Relationship

We will use reasonable care and skill in providing money transmission services to you, but you should bear in mind that your payments do not carry the benefit of any interest and that our service does not have the benefit of any government-backed insurance, guarantee or compensation scheme (for example, no compensation is available from the Financial Services Compensation Scheme if we are unable to meet our liabilities) and the relationship of the Firm with you is not that of a bank or trustee.
You must not give out security details, such as any password or PIN, to anyone or that any of these have been lost, stolen or misappropriated, and we will take immediate steps to try to prevent these from being used.
You agree to assist us in the discharge of our anti-money laundering, security validation and verification responsibilities by providing such information and evidence which we may request from time to time in this regard. You agree to notify us promptly of any changes in the details you have supplied to us.
You represent and warrant that:
• You are over 18 years old
• The information and details you supply to us are true, accurate and complete
• Your money transfer instructions to us and your use of your chosen form of payment instrument will not breach any applicable agreement, law or regulation, and you agree to compensate us for any loss we suffer as a result of the above representations being untrue or incorrect.
In order to carry out our obligations under this contract, we must process the information you give us. Some of this information may be personal information which can be used to identify you. The Privacy Notice also explains your rights under the UK General Data Protection Regulation (GDPR). We will tell you if providing any personal data is optional, including if we ask for your consent to process it. In all other cases, we will process your personal data on the basis that we have contractual obligations to you, and on the basis that we have legal and regulatory obligations.

Fees, Charges and Exchange Rates

When you are remitting money, you agree to pay us, at the time we accept your instruction to send your money transfer, the fees and charges (if any) and money will remitted according to the daily exchange rates displayed under the Send Money section on our website.
Payment Transactions
In order for a payment instruction from you to be properly executed, you must provide us with the information or unique identifier which is necessary for its proper execution. If this is incorrect, it could result in the payment transaction being delayed or the monies transferred being lost. The information could comprise the beneficiary name and customer ID.
You must give consent before the execution of each payment transaction by giving us payment instructions in a signed and completed order form, which is available at our premises or by contacting us using the contact details.
We shall have the right to stop the use of any personalised set of procedures agreed between you and us, which are used by you in order to initiate payment instructions to us, on reasonable grounds relating to:
• The security of a payment instrument or of your money transfer account; or
• The suspected unauthorised or fraudulent use of either of them.
Once we receive your payment instruction, you cannot revoke it unless you inform us in writing that you withdraw your consent no later than the business day before the agreed day of execution of the instruction.
Where we receive a payment instruction from you on a specific day, you agree that the time of receipt is deemed to be that specific day on which we are to execute the payment instruction.
It is your responsibility to ensure that the monies you pay to us are sufficient to make each and every payment transaction which you authorise us to make. We will not make any money transfer instructed by you unless you have paid us sufficient funds first.
Applicable laws prohibit money transmitters from conducting business with certain individuals, organisations and countries. In order to comply, we are required to screen all transfers against the list of names provided by various governments and/or government agencies. If a potential match is found, we may suspend your transfer and may request additional information on either the payer or the payee, as necessary. Upon satisfactory review, the payment transfer will be released for collection.
We have the right to refuse to accept a payment instruction or to execute any payment transaction, and to block the use of a money transfer account, for any of the following reasons:
• If there are reasonable grounds to suspect fraud, other financial crime or the unauthorised use of a payment account;
• If any condition in these Terms and Conditions has not been satisfied;
• If execution of a payment transaction would be unlawful.
If any payment instruction is declined, you may contact us at info@gulmoneytransfer.co.uk. If we have declined the payment instruction we will, where reasonably possible (and where we are not prevented from so doing by law or regulation) tell you why the payment instruction was declined at the earliest opportunity and in any event no later than the end of the third business day after we received your instruction. If the reason for our declining the payment instruction was based on incorrect information, we will agree with you what needs to be done to correct that information. Where we have objectively established that a money transfer account was created for the purpose of committing fraud or money laundering, it will be blocked without any notice to you if such notice would be likely to compromise law enforcement.
You agree that we may retain monies received by us for your benefit until our security validation, verification and anti-money laundering procedures have been completed before you may withdraw them or instruct us to transfer them. Our website sets out a list of purposes for money transfers which you are prohibited from transacting, transmitting or receiving (including, without limitation, the purchase of drugs and weapons and, in certain countries, gambling activities). You agree that you will not transact, transmit or receive payment transfers for or in connection with any criminal or illegal purpose whatsoever. We may report any suspicious activity relating to your transactions to the relevant authorities.
Additional security questions may be required for certain payment transactions (regardless of the payment amount) and, in addition, the payee may be required to provide documentary evidence of their identity.
You may not be able to protect against reversals of money transfers in respect of which you are the payee where the reversal is due to the use of a stolen or unauthorised payment instrument or means of authentication by the payer. Once a payee has received a payment sent by us in accordance with your instructions as payer, that payment cannot be reversed.

Timing

We will transfer your payment so that the money reaches the firm where your payee will collect it no later than the end of the third business day after we received your instruction. Where you want money transferred on a specific day, you agree that the time we receive your instruction is that specific day.
If we did not receive your payment instruction before 17.00 GMT on a business day for us (or if we received it on a day which is not a business day for us), we will treat it as if we received it on the next business day.
You cannot amend or cancel your instruction to us unless you give us written notice no later than the business day before the day on which we will transfer your money.

"Business day" means a day on which we are open for business (other than a Saturday or Sunday or a public holiday).

Liability and Refunds

Notwithstanding anything to the contrary in these Terms and Conditions, we shall not be liable to you or be obliged to perform our obligations under these Terms and Conditions if we are prevented, hindered or delayed from or in performing any of our obligations under these Terms and Conditions due to abnormal and unforeseeable circumstances beyond our control (including any strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown or other failure of equipment, software or communications network, fire, flood, or other circumstances affecting the supply of goods or services).
You acknowledge that our website is subject to periodic maintenance and testing and that you may not be able to access it from time to time as a result. We are not responsible for any loss you may suffer as a result of your being unable to access our Website at any time.
You must send us all relevant supporting documentation in relation to any claim you make for a refund or compensation.
Modifications to Terms and Conditions; Terminations
Gul Exchange Ltd may modify these Terms and the content on this Site at any time without notice. All changes are effective upon posting and apply to all access to and use of the Site thereafter. You are expected to check the Site periodically so you are aware of changes and current terms because they are binding on you.
Termination of our agreement under these Terms and Conditions does not affect your or our accrued rights and obligations at the date of termination.

General

We are not obliged to perform our obligations if abnormal and unforeseeable circumstances beyond our control prevent us from doing so.
You may be entitled to redress for an incorrectly executed money transfer only if you notify us without undue delay on becoming aware of it, and in any event no later than 3 months after the date of the transfer.
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 remitting a payment 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.
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 disclose this information to payers, payees and intermediaries in the course of providing our services or as required by Regulation EC 1781/2006 on information on the payer 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 transfer of information to countries, which do not have data protection laws as strict as those in the UK. If you wish to access or correct the information that we hold about you, please contact us at info@gulmoneytransfer.co.uk.

Governing Law and Jurisdictions; Redress

These Terms and Conditions and our agreement under these Terms and Conditions and all matters arising from or connected with these Terms and Conditions and our agreement 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.
You may also be eligible for redress for any dispute and matter arising out of or in connection with these Terms and Conditions through the dispute resolution mechanism provided by the Financial Ombudsman Service (please see below for further details).

Help and Information; Complaints

If you have any queries or require a copy of these Terms and Conditions (or any document comprised in them), please contact us at info@gulmoneytransfer.co.uk. We aim to provide the highest level of customer service possible.
We give acknowledgement to the customer within 48 hours after the receipt of compliant and confirm who will handle their complaints and how they can contact them.
We investigate their concerns and respond to them promptly and at the latest within 15 business days of receipt of the compliant. In exceptional situations, if the answer cannot be given within 15 business days for reasons beyond our control, we will send a holding reply, clearly indicating the reasons for a delay in answering to the complaint and specifying the deadline by which we will receive the final reply. In any event, the deadline for receiving the final reply shall not exceed 35 business days.
If 35 business days have passed (from receipt of the original complaint) and our investigations are ongoing, and we are not yet able to resolve the matter, Gul Exchange Ltd will write and inform the complainant to this effect and will advise when we anticipate we will be able to respond.
At this stage, we will also advise the complainant that they may refer their complaint to the Financial Ombudsman Service, if they wish to.
The Financial Ombudsman service details are:
The Financial Ombudsman Service

Exchange Tower
London E14 9SR
Telephone: 0800 023 4567 or 0300 123 9 123 and (+44) 20 7964 0500 (from abroad)

Email: complaint.info@financial-ombudsman.org.uk
Website: Financial Ombudsman Service: our homepage (financial-ombudsman.org.uk)