1. About VoiceCash Bank
1.1. VoiceCash Bank (“VCB”, or “us”, “we”, “our”) is a credit institution incorporated under the Laws of Malta with registration number C46997 and registered office at 160 Triq Ix-Xiatt, Ta’ Xbiex, Gzira, GZR 1020, Malta.
1.2. VCB operates under a banking license issued by the Maltese Financial Services Authority (MFSA – www.mfsa.com.mt). As part of its banking license, VCB is authorised to conduct money remittance business.
2. Scope of these Terms and Conditions
2.1. These Terms and Conditions cover the mutual obligations between us and you, the registered user with respect to the money remittance services offered to you. If you order additional services from us, you may be asked to accept additional terms and conditions which will be communicated to you when you order the service in question.
2.2. You should print or download a copy of these Terms and Conditions and store a copy for future reference. You can always view the latest version of these Terms and Conditions on our Website. You can also contact customer service and require us to send you a copy. We will normally send you contractual information via email to your registered email address.
3. Registering your user profile
3.1. In order to use our money remittance services you first need to register on our Website. During the signup process you will be asked to accept these Terms and Conditions. By using our services you declare that you agree to them.
3.3. You must be at least 18 years or older in order to use our services. We may ask you at any time to provide evidence of your age.
3.4. You may only register with us once. The attempt to register multiple user profiles will lead to the immediate suspension and closure of your existing user profile. If you require your registration details to be changed (for example, if your name has changed) you should make the necessary changes through our Website or by calling Customer Service.
3.5. You may only register a user profile and use our services if it is legal for you to do so in the country where you reside when using the service. By using our services, you declare that such use does not violate any laws or regulations applicable to you and you shall be liable to us for any losses we incur in connection with the illegal use of our services for which you are responsible.
3.6. All personal details and other information you provide to us during registration and at any time thereafter must be true and accurate.
3.7. Use of our services is at all times subject to satisfactory completion of initial and on-going customer due diligence. For this purpose we may ask you to provide identification details and supporting documentation. Failure to provide us with relevant information may lead to a suspension or closure of your user profile.
3.8. In the course of the customer due diligence process (both the initial process as well as the on-going due diligence), you authorise to use the information provided to us by you or any third party and to share such information with relevant third party due diligence providers (including but not limited to credit reference agencies, identification services, fraud protection services, correspondent financial institutions or government authorities).
3.9. You should be aware that we are by law required to store any relevant information, including any due diligence information and transaction data, for a period of five (5) years after your last transaction or, as the case may be, the closure of your user profile.
3.10. Our services are for private use only and may not be used for business remittances. If you require remittance services for business purposes, please contact Customer Service. If we are of the opinion that you are using our services for business purposes, we may suspend or close your user profile or may require that you register for a business account. Therefore, if you are unsure whether a particular transaction would be seen as a private or business transaction, you should contact Customer Service.
4. Maintaining your user profile
4.1. You must ensure that the information registered in your user profile is and at all times remains accurate. You should update any personal data immediately after they change. We shall not be liable for any loss arising out of your failure to correctly register and update any information registered in your user profile.
4.2. You must keep the login and password details (together, your “login credentials”) of your user profile safe at all times. You must not record your login credentials anywhere or share them or allow them to be seen by any third party. Our Customer Service staff will never ask you to provide your login credentials to us or a third party. If any persons or website (other than our own Website) asks you to provide your login credentials, you should refuse to do so and report the incident to Customer Service.
4.3. You should change your password regularly and should never:
4.3.1. write it down or otherwise store it anywhere;
4.3.2. allow anyone to access your account or watch you accessing your account;
4.3.3. choose a password that is easily guessed from information someone might know or gather about you; or
4.3.4. choose a password that has a meaning.
4.4. If you in any way believe that your login credentials have been lost, stolen or otherwise compromised or used without your authorisation, you must change your password and contact Customer Service immediately. Any delay in notifying us may result in you being liable for any losses arising. If you suspect that your user profile has been accessed without your authorisation, you should report this also to the appropriate law enforcement agency or the police.
4.5. The foregoing shall also apply to the login credentials of your bank account or any other account you may use to fund transactions. You should immediately report to us any suspicion of your bank account login credentials being compromised.
4.6. We may at any time suspend your user profile if we believe that it has been accessed without your consent or we believe that your login credentials have otherwise been compromised.
4.7. Your mobile phone number registered with your user profile may be used to reset passwords or to otherwise communicate with us. You must therefore also safeguard access to your mobile phone in the same way as described above. Mobile phones should always be password protected. You should immediately report to us any loss of your mobile phone.
4.8. If you are using a public or shared computer to access your user profile, you must make sure that your login details are not stored by the computer or otherwise recorded. If you are using your own computer, you must ensure that only you have access to it by using appropriate password protection and avoid using any features that allow the storing of any login credentials.
5. Closing Your User Profile
5.1. You may close your user profile at any time by contacting Customer Service.
5.2. If you have pending transactions at the time you wish to close your user profile, you must first indicate whether or not your transaction shall be cancelled, if still possible.
6. Remittance instructions
6.1. You may give us Remittance Instructions only through your user profile.
6.2. In order to send funds to a recipient, you need to provide us with the following information:
6.2.1. full name of the recipient;
6.2.2. address of the recipient including country of residence;
6.2.3. name of the recipient’s bank or payment service provider;
6.2.4. where applicable, a bank sort code and account number or SWIFT/BIC code and IBAN number;
6.2.5. reason for the transaction;
6.2.6. any other information we may require during the online transaction process.
6.3. Any information you provide together with a Remittance Instruction must be true and accurate. We shall not be liable for any incorrect information submitted by you. You should note that payments to a recipient are usually allocated by the recipient’s bank or payment service provider primarily on the basis of account details (sort code, account number, SWIFT/BIC and IBAN), so you must take particular care to enter the correct account details of the recipient.
6.4. By submitting a Remittance Instruction you represent and warrant that the transaction is made for lawful purposes. You shall indemnify us for any losses incurred by us in connection with your submission of a Remittance Instruction for illegal purposes.
6.5. You may not use our services in order to make a payment in consideration for the sale or supply of or otherwise in connection with:
6.5.1. Prescription drugs;
6.5.2. Drugs or drug paraphernalia;
6.5.4. Illegal pornography;
6.5.5. Lotteries or gambling services;
6.5.6. Multi-level marketing, pyramid schemes, Ponzi schemes or similar schemes;
6.5.7. Goods or services that infringe the intellectual property rights of a third party.
If you are in doubt whether your remittance would violate this prohibition, you must not proceed with the transaction. The foregoing list is given without prejudice to the generality of section 6.4.
6.6. Your transactions will be subject to certain limits that depend on various factors such as your country of residence, the recipient’s country of residence, and your identification status. The limits will be communicated to you on our Website, where we also tell you about ways to improve your identification status in order to raise your limits.
6.7. You authorise transactions by logging into your user profile and completing the transaction form. We may also ask you additional security questions. Your first transaction may be completed during the registration process.
6.8. If you have given a Remittance Instruction in error, you should contact Customer Service immediately. If the Remittance Instruction has been executed, we shall make reasonable endeavours to stop the payment, however, we cannot be held liable for any failure to track or retrieve the payment for you. You must reimburse us for any third party costs we incur in connection with the tracking, retrieval or refund of the payment. We will also charge you an administration fee of 10 EUR.
6.9. We reserve the right to reject any Remittance Instruction we deem, in our sole discretion, to be incorrect or incomplete or not given in the proper form or with proper authorisation. We shall communicate a rejection to you promptly unless we are prohibited from doing so by applicable law.
6.10. You may revoke a Remittance Instruction at any time before we have started its execution. After the start of execution, you may not revoke a Remittance Instruction without our consent. We may refuse such consent in our sole discretion if we have incurred any detriment in reliance on the Remittance Instruction given by you. Any consent is given under the condition that you must reimburse us for any costs incurred in connection with the revocation of your Remittance Instruction.
6.11. If you have given us a Remittance Instruction that we cannot execute due to an error in the information you submit, an incorrect amount of uploaded funds (see section 7) or for any other reason, we will contact you in order to correct the error. If you do not respond to our request within five (5) business days, we will cancel the Remittance Instruction. Any funds uploaded in connection with the Remittance Instruction will be returned to the funding bank or payment account.
Protect yourself: do not transfer money to strangers, especially for internet auctions, newspaper or telephone offers.
7. Funding your remittance
7.1. You must fund the entire transaction, including applicable fees, before we execute it. We will communicate the total funding amount to you after receiving your Remittance Instruction. You must ensure that you fund the exact amount of the transaction as otherwise the transaction will be rejected and any funds will be returned to you.
7.2. You can fund the transaction by any means we enable in your user profile. You should keep in mind that any upload method you use constitutes a separate service and will be governed by an additional agreement between you and the bank or payment service provider you use to fund the transaction. We shall not be liable for the funding payment until the uploaded funds are received by us. Should you encounter any problems with the upload of funds, you are advised to contact your bank or payment service provider.
7.3. You may only fund your transaction by a funding payment from a bank or payment account in your name. It is strictly forbidden to use third party funds to make an funding payment. Any breach of this provision will result in the immediate closure of your user profile.
7.4. Once you instructed your bank or payment service provider to make a funding payment and have completed a Remittance Instruction on our Website, you may not revoke charge back or otherwise reverse or attempt to reverse the funding payment. Should you encounter any problems with the funding payment or wish to cancel a transaction, you should contact Customer Service.
8. Execution of Remittances
8.1. We will start to execute your completed Remittance Instruction on the business day we receive your upload funds, however, if we receive the funds later than 12:00 noon Central European Time, we will start execution on the next business day. The day on which we start to execute your Remittance Instruction shall be called “Transaction Date”.
8.2. We may refuse to execute a Remittance Instruction
8.2.1. if its execution would exceed the applicable transaction limit;
8.2.2. we have not received the correct funding amount from you;
8.2.3. we believe that the Remittance Instruction has been made fraudulently or otherwise unlawfully;
8.2.4. we reasonably believe that by executing the Remittance Instruction we might break a law, regulation or code of conduct applicable to us;
8.2.5. we reasonably believe that executing the Remittance Instruction may materially damage our reputation.
8.3. Unless otherwise agreed, remittances entirely in Euro shall reach the recipient’s payment service provider on the business day following the Transaction Date. The same shall apply where the transaction involves a currency conversion from a non-Euro currency to Euro before onward transmission by us or where the payment is made entirely in a non-Euro national currency of an EU member state and made within the EU member state in question
8.4. Remittances not covered by the preceding section shall be executed within the time frames communicated to you at the time of the Remittance Instruction.
8.5. We shall be liable to you (but not anyone else and in particular not to the recipient) for any incorrect execution of a Remittance Instruction provided that it was given correctly and in accordance with these Terms and Conditions. We shall, however, not be liable for the actions of the recipient’s payment service provider.
8.6. Our obligation is limited to the proper execution of your Remittance Instructions. We are not liable for the success of any underlying transaction in connection with which you make the remittance to the recipient. In particular, we shall not be liable to the recipient or any third party in connection with your use of our services.
9. Payment Information
9.1. After receipt of your Remittance Instruction, we shall give you the following information:
9.1.1. a unique reference number;
9.1.2. the date of the Remittance Instruction;
9.1.3. any fees for the execution of the Remittance Instruction including a breakdown of such fees;
9.1.4. where possible, the total amount to be credited to the recipient, subject to any fees or other deductions made by the recipient’s bank or payment service provider;
9.1.5. any currency exchange rate applied and the amount of the remittance before and after such exchange rate is applied; this exchange rate may be indicative if the actual currency exchange takes place on the date of the execution of the Remittance Instruction instead of the date of receipt of the Remittance Instruction;
9.2. After execution of your Remittance Instruction, we shall give you the following information:
9.2.1. the unique reference number mentioned in section 9.1.1
9.2.2. any fees applied;
9.2.3. the date of the execution of the Remittance Instruction.
This information will be given to you in electronic form in your user profile in a way that allows you to reproduce and save or print your transaction history.
9.3. You should check your transaction history at regular intervals. Any errors or irregularities must becommunicated to us immediately by contacting Customer Service.
The amount of fees is determined by various factors such as the recipient country, the funding payment and the amount of the transaction. When entering the required information in the transaction form on our website you will receive the exact transaction fee before execution of the transaction.The execution of any Remittance Instruction is conditional of payment of all fees payable by you as part of the funding payment.
11. Foreign Exchange Rates
If you are transferring funds to other countries, the transferred amount (minus the fees) is generally (depending on your selection when placing the remittance order) paid out in the local currency of the recipient’s country. In addition to the fees listed in Section 10, a foreign exchange rate will apply to these money transfers. Euros will be converted into the foreign currency at the exchange rate set by us. Therefore, it may happen that because of a change of the foreign exchange rate between the time of your remittance order, our receipt of the funds to be remitted and the processing by the recipient’s bank, the recipient will not receive the full amount specified by you, but the sum which is equivalent to the amount remitted to us according to the current foreign exchange rate.
12. Data Protection
12.2. In order to keep your personal data accurate and up to date, we ask you to promptly inform us of any changes to the personal data you have provided us.
12.3. We shall not share any personal data with a third party outside the European Economic Area, however, where you instruct us to make an international transaction outside the European Economic Area or otherwise act on your behalf or on your instruction necessitating the transfer of personal data to a third party outside the European Economic Area, you expressly consent to such transfer.
13. Liability and Refunds
13.1. Refunds are only made to the bank or payment account you used to fund the transaction.
13.2. In the case of an unauthorised or incorrectly executed transaction we shall refund to you immediately the amount of the unauthorised or incorrectly executed transaction.
13.3. Paragraph 13.2 shall not apply, and we shall not be liable to you, if
13.3.1. you failed to notify us of the unauthorised or incorrectly executed transaction without undue delay upon becoming aware of the transaction and in any case within 13 months of the date of the transaction (unless we failed to provide relevant information on the transaction in your transaction history);
13.3.2. in case of an unauthorised transaction if you failed to keep your login credentials safe in accordance with section 4 in which case you are liable for the first 150 EUR of any loss, unless section 13.3.3 applies;
13.3.3. in case of an unauthorised transaction if you failed to keep your login credentials safe with intent or due to gross negligence in which case you shall be liable for all losses;
13.3.4. if you failed to promptly notify us of any loss of your login credentials or the occurrence of any event that could reasonably expected to have compromised the security of your user profile or of your funding bank or payment account or your email account after you have gained knowledge of the same; in the case described in this sub-section you shall be solely liable for all losses arising;
13.4. Section 13.2 shall not apply, and we shall not be liable, if in case of an allegedly incorrectly executed transaction we can show that the funds have been correctly received by the recipient’s bank payment services provider.
13.5. Sections 13.3.2 and 13.3.3 shall not apply to losses arising after you have notified us in accordance with section 4.4 and we shall remain liable and refund any unauthorised transaction immediately to you.
13.6. We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business or loss of reputation. We shall also not be liable for any losses arising from our compliance with legal and regulatory requirements.
13.7. We shall not be liable for the actions or omissions of a third party that we do not reasonably control.
13.8. We shall not be liable for any abnormal and unforeseeable circumstances beyond our reasonable control, provided that we have attempted to prevent or mitigate any negative consequences of such circumstances in accordance with good industry practice.
13.9. Our liability to you shall be limited to refunding the remittance amount including all fees.
14. Changes to these Terms and Conditions
14.1. We may need to change these Terms and Conditions from time to time. Changes may be made under the procedure described in this section.
14.2. We will give you notice of any proposed change in text form via e-mail (a “Change Notice”) except changes in currency exchange rates which may apply immediately and without notice.
14.3. After you have received the Change Notice you can send us your objection within a time-frame of two months. If you do not send us an objection against the change before the coming into effect of the change, you will be deemed to have accepted the change. During the time-frame of two months you also have the right to terminate the contract at any time. We can also stipulate in the Change Notice that the change will come into effect at a different time in future. That time will not be earlier than two months after the date of the Change Notice.
15.1 We may at any time suspend your user profile:
15.1.1. you breach any provision of these Terms and Conditions;
15.1.2. you violate or we reasonably believe that you are in violation of any law or regulation that is applicable to your use of our services;
15.1.3. if we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity;
15.1.4. we have been ordered to do so by a court or government authority;
15.1.5. we reasonably believe that your user profile has been compromised or for other security reasons; or
15.1.6. we reasonably suspect your user profile to have been used or is being used without your authorisation or fraudulently.
15.2. We shall notify you either prior to any suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless we are prohibited by law to notify you
16.1. We usually communicate to you via e-mail. You are responsible to ensure that your contact details, especially your e-mail address, are up to date. We cannot be held responsible for non-delivery of any communication made to you through an incorrect communication channel unless we got clear and immediate feedback that the communication has failed. You are required to check for incoming messages in your inbox regularly and frequently. E-mails may contain links to further communication on our Website. Furthermore we can contact you by post or telephone.
16.2. It is also your responsibility to ensure the security of the communication channel at your end. You should be aware that not all communication channels afford the same level of security. If you are in doubt whether a particular means of communication is adequate, please contact Customer Service.
16.3. You can contact us by post, fax or telephone, or by sending an email to Customer Service. You should be aware that post, email and fax communication with Customer Service is not instant and should not be used for urgent communications.
16.4. Where a communication is to be made in text form, such communication may be made, at our choice, by courier, post, fax, e-mail or such other form as appropriate, including but not limited to communication via your user profile. Such communication is deemed to be received on the day it was sent.
16.5. Where we are required to provide information on a durable medium, we will either send you an e-mail (with or without attachment) or send you a notification pointing you to information on our Website in a way that enables you to print a hard copy of the information or other format that can be retained by you permanently for future reference. You are required to keep copies of all communications we send or make available to you.
16.6. You may contact us at any time by sending a message to Customer Service or by calling +49 89 210 949 25.
17. Complaints and redress
17.1. Any complaints about us or the services we provide should be addressed to us in the first instance by contacting Customer Service. You should clearly indicate that you are wishing to make a complaint to us. This helps us to distinguish a complaint from a mere query. We shall acknowledge receipt of complaints within 5 business days. You may request to be provided with a copy of our complaints procedure at any time.
17.2. If your complaint is not resolved to your satisfaction, you have the option of initiating a complaints procedure at the Consumer Complaint Unit of the MFSA:
Consumer Complaint Unit
Malta Financial Services Authority
Attard BKR 3000
Tel.: +356 2144 1155
18. Other provisions
18.1. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Malta. This shall be without prejudice to any compulsory local consumer rights you may have.
18.2. Any dispute under these Terms and Conditions or otherwise in connection your Account shall fall under the non-exclusive jurisdiction of the courts of Malta.
18.3. No person other than you shall have any rights under these Terms and Conditions.
18.4. Your account is personal to you and you may not assign any rights under the Terms and Conditions to any third party.
18.5. If any part of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms and Conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.