Welcome to NomadRem. These Terms and Conditions (the "Terms") constitute a legal agreement between you and NomadRem , UAB. J. Basanaviciaus street g. 26, LT-03224 Vilnius, Lithuania, with Company code 305685002 ("NomadRem", "we", "us", or "our") operating under license of Verified Payments, UAB, Rinktine st. 5, building B, LT-09234 Vilnius; Gediminas Ave. 20, LT-01103, Vilnius, with Authorization code LB000446 and regulated by the Bank of Lithuania governing the use of our Platform and our Services. We license use of our Platform to you on the basis of these Terms. We do not sell our Platform to you, and we remain the owner of our Platform at all times.

You should print a copy of these Terms for future reference.

1. INTERPRETATION

• 1.1. The definitions in this paragraph apply in these Terms:
  • 1.1.1. "Account": means an account on our Platform.
  • 1.1.2. "Card Issuer" refers to the issuer of a Bank Card
  • 1.1.3. "Order" means the money transfer that may be initiated by the Sender
  • 1.1.4. "Receiver" refers to the person named as the beneficiary of the money transfer. "Sender" refers to You / User when You initiate a money transfer via the Services. "Services" means the money transfer services which we provide.
  • 1.1.5. "Transaction" refers to any money transfer that is carried out by the Sender.
  • 1.1.6. "Services": means our services offered via our Platform or otherwise by us and any other software provided by us in connection with any of the foregoing.

2. TERMS OF USE

• 2.1. The provisions set out in these Terms govern your access to and your use of our Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Platform.
• 2.2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our Platform on these Terms.
• 2.3. By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Platform, you agree and acknowledge that:
  • 2.3.1. you have read the terms set out in these Terms and agree to be bound by and comply with them;
  • 2.3.2. you are at least 18 years old; and
  • 2.3.3. you shall ensure that all Users of your Account abide by these Terms.
• 2.4. You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
• 2.5. We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your Account at any time, or remove or edit content (including content submitted by you) on our Platform or on any of our affiliated websites (including social media pages).
• 2.6. We reserve the right to change, modify, suspend or discontinue any portion of the Services, our Platform or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
• 2.7. The following additional terms also apply to your use of our Platform and form part of these Terms:
  • 2.7.1. Our Fee Schedule;
  • 2.7.2. Our Transaction Charges Schedule;
  • 2.7.3. Our Privacy Policy; and
  • 2.7.4. Our Cookie Policy.

3. Transactions

• 3.1. o initiate a Transaction, you must set up Your payment Order from Your User Account.
• 3.2. our Transaction is a payment order where You indicate that You wish to send a fixed amount from your Bank Card to the Receiver who will be able to receive the amount at any of the designated partners / financial institutions / banks.
• 3.3. ach transfer is given an individual transaction number, the Money Transfer Control Number ("MTCN"). Once We have received your Order, we will send a confirmation.
• 3.4. ou must make sure that the information You provide when placing an Order is true and accurate.
• 3.5. f we have processed your Order in accordance with the information you have provided to us it will be considered correctly completed even if you have made a mistake.
• 3.6. n most cases it’s possible to amend some Receiver’s data until the money transfer is paid out.
• 3.7. ubject to statutory or regulatory requirements we may place limits on the amounts you may send per Transaction.
• 3.8. efore you confirm a Transaction, we will provide you with the foreign exchange conversion rate that will be applied to your Transaction (where applicable) and the Transaction Fees we will charge for the Transaction. We will also provide you with the exact amount the Recipient will receive after currency conversion and deduction of the Transaction Fees.
• 3.9. hen your Order is received, and subject to statutory or regulatory requirements, we undertake to make funds available for collection by the Receiver at the latest at the end of such Business Day following the day on which the funds were received ("Day of Receipt"). For this purpose, the moment of receipt is the moment when we receive the funds to be transferred and the associated Transaction Fees. If the point in time of receipt is after 5pm on a Business Day or not on a Business Day, the funds shall be deemed to have been received on the following Business Day. In addition, we carry out verification checks, and such checks may increase the time it takes to process your Order.
• 3.10. We cannot be responsible for any delays as a result of carrying out those checks or for any delays caused from relying on service providers and/or banks that carry out their own verification checks.
• 3.11. The funds are normally available for collection within minutes, subject to the business hours of the respective Partner location. For some countries, the service may be delayed, or other restrictions may apply.
• 3.12. Funds will only be paid out if the Receiver provides adequate proof of his or her identity in addition to MTCN required by us. The funds will be collected by the Receiver that We or Our partners /bank deem entitled to receiving the money following verification of the identification documents.
• 3.13. Applicable law prohibits money transmitters from doing business with certain individuals or countries; We are required to screen all Transactions against lists of names provided by the governments of the countries and territories in which we do business, including but not limited to the Financial Action Task Force (FATF), the US Treasury Department’s Office of Foreign Assets Control (OFAC), the European Union and the UN. If a potential match is identified, we research the Transaction to determine if the name matched is indeed the individual on the relevant list. For this purpose, we are entitled to request from you or the designated Receiver additional details and proof of identification which may cause the Transaction to be delayed. This is a legal requirement for all Transactions processed by us.

4. Transaction Fees

• 4.1. Written information explaining how we charge you for making a Transaction and the exchange rate used, where applicable, is available on the Website and is shown to you prior to placing an Order and before the Transaction is completed.
• 4.2. The total amount (the amount of the Transaction, the fees of the Transaction and other applicable fees and charges) (collectively called the ‘Transaction Fees') that you will be required to pay and the relevant exchange rate will be displayed on the Website before you are asked to confirm your Transaction. Proceeding with the Transaction at this point is entirely optional.
• 4.3. You shall bear all the Transaction Fees due to complete the Transaction unless applicable law in the destination country requires otherwise. In certain cases, the Services may be subject to local taxes and service charges. In some cases, the Receiver may incur additional fees for receiving the Sender’s funds.

5. Currency Conversion

• 5.1. We will inform You of the applicable exchange rate as soon as you place your Order.
• 5.2. We apply the foreign exchange rate set out in our system at the moment of the Transaction, that will be displayed on the Website and that you will need to agree to before completing the Transaction.
• 5.3. The exchange rate which will be applicable to each currency conversion is determined by us and depends on the particular time and date at which a Transaction is executed.
• 5.4. These exchange rates may fluctuate from time to time in accordance with fluctuations in international exchange rate markets.
• 5.5. We will not be held responsible for the currency exchange rate that will be applied if the Receiver chooses to receive a currency other than the Transaction Currency you have selected.
• 5.6. Changes to exchange rates shall come into effect immediately without notice.
• 5.7. We assume no liability relating to costs which the Sender or the Receiver incur together with the exchange rate used for the conversion into non-local currencies or for any actions or omissions on behalf of our partners.
• 5.8. We will not be held responsible for the exchange rate applied, in case where a currency that is different from your Order.

6. Confirmation of Payment

When a payment is made using your Account, you will receive an automatic notification via electronic means stating the status of the transaction.

7. Account Statements

• 7.1. All Transactions related to the User Account (irrespective whether these were initiated by You, received, cancelled, blocked or otherwise) shall be shown on the e-statement established in real time. You can view your e-Statement via your Account.
• 7.2. You shall have access to e-Statements which show all transactions on Your User Account.

8. Our Responsibility to You

• 8.1. We will provide to you the Services in accordance with these Terms and Conditions in the form of single payments and we undertake to exercise reasonable care in doing so and act always in accordance with the applicable laws and regulations of the Republic of Lithuania.
• 8.2. We are not obliged to accept any Order to execute any Transaction and we will not be liable in any way for declining any such instructions or for withdrawing, terminating, or restricting our Services to you in any way.
• 8.3. These Terms and Conditions will apply to any Order we choose to accept.
• 8.4. We may be liable to you where we perform a Transaction for you that you did not authorize us to perform ("unauthorized Transactions") or where we made a mistake or an error in performing a Transaction you authorized us to perform. We will refund the payment amount including all Transaction Fees deducted by us at your request, promptly, but at the latest by the end of the Business Day following the day on which we were notified that the Transaction concerned has not been authorized or otherwise became aware of the unauthorized Transaction.
• 8.5. In case there are reasonable indications of a fraudulent activity by you or Prohibited purpose of the Order and money transfer, our obligation to refund you will be suspended, pending further investigation, and such investigation will be undertaken promptly.
• 8.6. You will be liable for losses that result: (a) from unauthorized Transactions resulting from the use of lost, stolen or otherwise missing transaction data and information; or (b) from your misuse of transaction data. You will not be held liable if it was not possible for you to detect such loss, theft or misuse of the transaction data and personal information or if such loss was caused by an employee or agent acting on our behalf or by a service provider we have appointed.
• 8.7. You may be liable for all losses caused by any unauthorized Transactions in cases where you have acted with fraudulent intent or contributed to the misuse of transaction data intentionally or through grossly negligent conduct.
• 8.8. We are not responsible and assume no liability for: (a) any loss or damage that is caused by force majeure or that is not foreseeable; (b) malfunctions in communication facilities which cannot be reasonably considered to be under our control and that may affect the accuracy or timeliness e-mail or any other message you send to us; (c) any losses or delays in transmissions e-mail or any other message arising out of the use of any internet access service provider or caused by any browser or other software which is not under our control; (d) the services provided by your Card Issuer; (e) viruses originating from third parties; (f) any unauthorized use or interception e-mail or any other message or information prior to reaching the Website; or (g) any unauthorized use of or unauthorized access to data in conjunction with your Account or your Transactions which we process unless such use or such access is the result of our negligence.
• 8.9. We are under no obligation towards you to initiate or execute a Transaction if: (a) we are unable to obtain sufficient evidence of your identity; (b) we have reason to believe that the Transaction information is incorrect, unauthorized or forged; (c) You have provided us with wrong or incomplete information, or we do not receive your Transaction information in a timely manner in order to guarantee the timely execution of the requested Order; or (d) Your Card Issuer does not authorize the payment for the Transaction and the Transaction Fees.
• 8.10. We have the right to refuse to provide the Services to you either partially or in full in cases where providing the Services would constitute a violation against any of our regulations (including regulations aimed at preventing fraud, money laundering or financing terrorism) and/or against applicable law, court order or requirements of a regulatory or government authority or any other body having jurisdiction over us or, if we consider such a step necessary to protect our own interests.

9. PROHIBITED USES

• 9.1. You may use our Platform only for lawful purposes. You may not use our Platform:
  • 9.1.1. in any way that breaches any applicable local or international laws or regulations;
  • 9.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • 9.1.3. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• 9.2. You also agree:
  • 9.2.1. not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of our Terms; and
  • 9.2.2. not to access without authority, interfere with, damage or disrupt:
  • 9.2.3. any part of our Platform;
  • 9.2.4. any equipment or network on which our Platform is stored;
  • 9.2.5. any software used in the provision of our Platform; or
  • 9.2.6. any equipment or network or software owned or used by any third party.
• 9.3. Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
  • 9.3.1. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our Platform or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
  • 9.3.2. not to provide or otherwise make available our Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
  • 9.3.3. to comply with all applicable technology control or export laws and regulations; and
  • 9.3.4. not to disrupt, disable, or otherwise impair the proper working of the Services, our Platform or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.

10. INTELLECTUAL PROPERTY RIGHTS

• 10.1. You acknowledge that all intellectual property rights in our Platform anywhere in the world belong to us, that rights in our Platform are licensed (not sold) to you, and that you have no rights in, or to, our Platform other than the right to use them in accordance with these Terms.
• 10.2. Any intellectual property rights in content uploaded by you to our Platform shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive licence to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the Platform.
• 10.3. You acknowledge that you have no right to have access to our Platform in source code form.
• 10.4. You must not use any part of the content on our Platform for commercial purposes not specified on our Platform without obtaining a licence to do so from us or our licensors.

11. WARRANTIES

• 11.1. While we make all efforts to maintain the accuracy of the information on our Platform, we provide the Services, Platform and all Related Content on an "as is" and "as available" basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
• 11.2. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Platform or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Platform, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.

12. OTHER IMPORTANT TERMS

• 12.1. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
• 12.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
• 12.3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
• 12.4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
• 12.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
• 12.6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
• 12.7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of the Republic of Lithuania. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of the Republic of Lithuania.