Terms & Conditions

The Terms of Service (hereafter TOS) for Instant Money Transfer Limited (hereafter I-MONEY) are effective as of June 1, 2007. Said TOS govern the terms under which this website www.i-moneytransfer.com and www.i-moneytransfer.co.uk may be accessed and use of these websites is permitted solely upon acceptance of said TOS. Use of any and all money transfer facilities offered by I-MONEY through the aforementioned websites is permitted solely upon the acceptance of these TOS.

By accessing and using the Service, you are agreeing to the TOS, which is an agreement between you and I-MONEY. You may not access or use the Service if you do not agree to be bound by the TOS. As used herein, the term "You" and terms of similar import mean the person accessing and using the Service. Also as used herein, the term "this website" and terms of similar import mean the money transfer website ("this Portal") through which you have accessed this TOS and through which you access the Money Transfer Services offered by I-MONEY.

1. ELECTRONIC COMMUNICATIONS

You understand and agree that this TOS will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means: (i) this TOS and any amendments, modifications or supplements to it; (ii) your records of transactions through the Service; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by applicable law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; and (v) any other communication related to the Service or I-MONEY.

Although I-MONEY reserves the right to provide Communications in paper format at any time, you agree that they are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing" and in accordance with applicable law. You should print a paper copy of this TOS and any Communication that is important to you and retain them for your records. If you do not wish to receive this TOS or the Communications electronically, you may not use the Service. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service may be terminated. To withdraw your consent, you must contact us by one of the contact methods described in Section 23 of the TOS.

To access and retain Communications, you must have: (i) an Internet browser that supports 128-bit encryption, such as the latest version of Netscape Navigator or Internet Explorer (ii) an e-mail account and e-mail software capable of interfacing with Program Manager's e-mail servers, (iii) a computer, operating system and telecommunications connection to the Internet capable of supporting the foregoing, (iv) sufficient electronic storage capacity on your computer's hard drive or other data storage unit, and (v) a printer that is capable of printing from your browser and e-mail software. In addition, you must promptly update us with any change in your email address by updating your profile by following the instructions at this website (or such other website to which I-MONEY may direct you).

Subject to applicable law, Communications may be posted on this website, on another website disclosed to you, or sent to the e-mail address you provide. All Communications will be deemed to have been received by you immediately after I-MONEY sends it to you by e-mail or posts the Communication on the website, whether or not you have received the e-mail or retrieved the Communication from the website. A Communication by e-mail is considered to be sent at the time that it is directed by the I-MONEY's e-mail server to the e-mail address provided by you. A Communication posted to a website is considered to be sent at the time it is publicly available. You agree that these are reasonable procedures for sending and receiving Communications.

2. OVERVIEW OF SERVICE.

The Service enables you to (1) Set up an online log in account with I-MONEY, (2) Initiate a Money Transfer instruction, (3) List details of Sender and Recipient (4) Verify Reference designated by you when transferring funds to I-MONEY by your Financial Funds Providers (each, a "Funding Mechanism"), (3) request that instructed funds be sent to particular recipients (each, a "Recipient") within any country to which I-MONEY offers its international money transfer services (each, a "Destination Country"). Each such request to send money or make payments when logged in to your Account is a "Transaction." The amount sent is the "Transaction Amount."

The Service is offered through this website. Records are maintained by I-MONEY about you, your Account, your Transactions and your Funding Mechanisms. By initiating a Transaction through the Service, you are instructing I-MONEY to initiate a transfer of funds to a third-party funds handler (a "Local Market Associate") to disburse funds to the designated Recipient.

3. OPENING AN ACCOUNT

a. Eligible Users. You must be an individual at least 18 years of age and be able to form legally binding contracts under applicable law. You must have a valid postal mailing address and an active e-mail address. You must have (i) current/savings/deposit account with a financial institution in the United Kingdom and (ii) an online bank account through which funds can be transferred by you. Your mailing address must match the billing address for your current/savings/deposit account and online account (as applicable). Other restrictions may apply.

b. Opening an Account. You must open an Account to enable you to issue a Money Transfer instruction to I-MONEY. To open an Account, you must provide complete and correct information about yourself sufficient to verify your identity. Such information will include, at a minimum, your name, address, date of birth, and may include your National Insurance number. I-MONEY reserve the right to accept or reject your request to open an Account.

c. Terms of the Account. The log in account is not a deposit account into which funds can be placed for the purposes of money transfer. The log in account is a gateway enabling user to log in and submit an online money transfer instruction to I-MONEY for execution.

d. Accessing Your Account. You will create a unique user ID and password to access your Account. Your user ID together with your password has the same effect as your written signature and can be used to authorise Transactions. Contact I-MONEY immediately if you suspect your password or user ID has been compromised.

4. ACCOUNT SECURITY

a. Security Procedures. Access to your Account and your ability to initiate and authorize a Transaction will be verified based on security procedures that are offered as part of the Service. Each time you attempt to access your Account, you will be asked to provide your unique user ID and password. Providing this information will give you full Account access with the ability to initiate Transactions and review your online Transaction history. You agree to follow any additional on-screen instructions from I-MONEY with regard to Account security. You also agree to update and upgrade your Internet browser software on a regular basis as such updates or upgrades may become available from time to time. You acknowledge and agree that this Security procedure is commercially reasonable and that in selecting a user ID and password as your security procedure you have elected not to use any other commercially reasonable procedures that may be available.

b. Confidentiality of Security Procedures. You agree not to divulge your password or user ID to any other person, and you agree not to use another person's password or user ID. If, notwithstanding the foregoing prohibition, you give your password to another person or persons, you will be deemed to have authorized them to use your password and Account for any and all purposes, without limitation. You agree that I-MONEY will not have any responsibility or liability to you or any other person for any losses or damages which you or anyone else may suffer if you disclose your password to any other person, including any losses or damages arising out of the disclosure of this information by the recipient to another person.

c. Breach of Security. If you believe that any user ID or password has become known to any unauthorized person or become otherwise compromised, you must notify I-MONEY immediately by using one of the methods described in Section 23 of the TOS. In such case, you should discontinue using the Service until such time as security has been restored.

5. INITIATING A TRANSACTION

a. Information. You initiate a Transaction by accessing your Account through the Service, following the security procedures, and providing complete and correct information, as requested by I-MONEY, about yourself, the intended Recipient (sufficient to verify identity) and the legitimate purpose and funding source of your Transaction. I-MONEY reserve the right to accept or reject your request to initiate a Transaction. Should a transaction be rejected by I-MONEY after funds have been received, said sum amount shall be transferred back to the account from which it was received.

b. Service Fees. In consideration for the use of the Service, you agree to pay applicable fees for each Transaction ("Service Fees"). These fees will be shown to you prior to your final submission of a Transaction for processing and will be added to the amount you send to the Recipient, resulting in a total amount that may be higher than the amount you requested to be sent to the Recipient. The standard Transaction-related Service Fees are set forth on the Service Fees schedule provided on this website; there may be additional fees for non-standard services related to your Account or a Transaction. A "Non-Standard Service" would be any element of the Service that you request specifically from a customer service representative (orally, by email, or by any other means) to manage your Account or a Transaction that would not otherwise be provided by I-MONEY as a standard part of the Service. Service Fees are subject to change upon prior notice to you by any method permitted under this TOS and applicable law.

6. FUNDING A TRANSACTION

There are 2 methods of transferring funds into an I-MONEY account to enable I-MONEY to remit funds to your chosen destination.

a. Funding Mechanisms.

i) An online money transfer instruction initiated through this website can be funded online by using online banking services provided by any UK Bank at which I-MONEY has an account. You transmit the Transaction Amount plus Service Fees from your account at the same UK Bank through the use of online banking services into I-MONEYs Master account at that UK Bank. The online instruction form generated by I-MONEY on this website for the purposes of initiating an International Money Transfer Transaction, shall contain a Reference number that must be quoted and used by you when transferring funds.

ii) An online money transfer instruction can also be funded in person at any UK Bank at which I-MONEY has a master account. An online instruction must first be generated by you on this website in order to obtain a Reference Number. Once a Reference Number is generated, said instruction must be saved. The Reference Number must be quoted and used when depositing funds/transferring funds in person at any of the UK Banks at which I-MONEY has an account. Customer may then return to the saved instruction online on this website and complete and send the instruction to notify I-MONEY that the payment of funds into I-MONEYs account is complete.

Upon receipt of an online instruction, I-MONEY will then verify receipt of funds by cross checking the Reference code for the corresponding instruction against receipted moneys. Upon verification and when the transaction instructed by the Sender has been executed by I-MONEY and the Transfer amount is ready for collection by the recipient, I-MONEY will notify only the Sender. Such notification will be in the form of an Email and/or SMS (whichever method is selected by sender at the time of issuing the instruction on the I-MONEY website. It is the obligation of the sender to notify the recipient that funds are ready to be collected and to provide recipient with any and all details required by the recipient in order to collect such funds. Although funds will be held prior to receipt by Recipient, the funds may pass through one or more other financial institutions before they are disbursed in the Destination Country.

b. Remittance of Funds; Delays. I-MONEY's general policy is that funds you remit to the order of I-MONEY for the purposes of a money transfer instruction through electronic means will be available for retrieval by recipient on the day of receipt of funds by I-MONEY. It may take several days for funds to be actually received by I-MONEY depending on the Funding Mechanism you select. Funds are not considered received by I-MONEY until such time as I-MONEY has received payment in actually and finally collected funds. There may be additional time to disburse those funds to the Recipient. In addition, there may be delays associated with our verifying your identity, the identity of your Recipient, the validity of your Funding Mechanism and the purpose of your transaction. Disbursement will not occur until these verification procedures have been completed. You agree I-MONEY is not liable for any and all claims and bears no liability for losses arising out of the delay or non payment to designated recipients.

c. Fees Imposed by Other Financial Institutions. I-MONEY do not control and are not responsible in any manner for any fees or charges that may be imposed by the financial institution associated with your Funding Mechanism.

d. Funding by Electronic Transfer. By initiating an electronic transfer of funds from your funding mechanism to I-MONEY, you are representing that you have sufficient funds in the existing bank account associated with your electronic transfer, and you are stating the following to whom it may concern: ''I hereby authorize my bank to initiate debits from my account in the amount of the Transaction Amount plus Fees and to credit the same to the Master Account of Instant Money Transfer Limited.''

e. Failed Funding. If your attempt to fund a Transaction is reversed, rejected for insufficient funds or any other reason, or is charged back for any reason, I-MONEY is under no obligation to release funds to the recipient as designated by you. You agree I-MONEY is not liable for any and all claims and bears no liability for losses arising out of the delay or non payment to designated recipients whilst I-MONEY awaits receipt of funds from your Funding Mechanism. I-MONEY also have the right to collect from you the amount of any collection expenses, court costs and reasonable lawyers' fees. You agree to hold I-MONEY harmless from any losses, costs, expenses or damages either of them may incur in connection with collecting any negative balance, or in defending any of the foregoing actions, including court costs and lawyers' fees. You acknowledge that Transactions may be reported to a collection agency or credit bureau if you do not pay I-MONEY in accordance with this TOS.

7. DISBURSING A TRANSACTION

a. Disbursement Mechanisms. The Transaction Amount will be disbursed to the Recipient by cash pick up. (the "Disbursement Mechanism"). You hereby appoint the Recipient as your agent for the purpose of receiving funds in connection with the Service. A Local Market Associate will disburse your funds to your Recipient by way of cash pickup. Pickup means that the Recipient can go to a designated Local Market Associate branch office to receive funds, in person.

b. Currency of Disbursement; Exchange Rate. Funds are available to be disbursed in the currency of the relevant Destination Country, in US $ Dollars or in GB Sterling. You will be shown a representative exchange rate at the time you authorize and pay for your Transaction and the corresponding total amount to be disbursed to your Recipient. You must then choose the currency in which you wish for funds to be disbursed to the recipient. I-MONEY will use the current exchange rate for the currency requested, as posted on this website on the date the transaction is initiated. YOU AGREE THAT SUCH PROCESS IS APPROPRIATE AND ACCEPT THE OUTCOME THAT RESULTS FROM IT. I-MONEY MAY MAKE MONEY WHEN FUNDS ARE CONVERTED TO A FOREIGN CURRENCY FOR DISBURSEMENT.

c. Timing of Disbursement. Funds will be made available to Recipient for disbursement as soon as possible, subject to possible delays associated with the verification procedures outlined above, receipt of good funds from your Funding Mechanism, currency availability, and the conditions, laws, and regulations applicable in the Destination Country. The availability of funds may be affected by events beyond our control, such as civil disturbances, weather conditions, delays caused by failures in telecommunications and technological processes, acts of God or other recognized force majeure. I-MONEY therefore cannot and do not guarantee when a particular Transaction will be disbursed. You agree I-MONEY is not liable for any and all claims and bears no liability for losses arising out of the delay or non payment to designated recipients.

d. Transaction Failure. If a disbursement is undeliverable, or is rejected by the Recipient, or is not deposited within one (1) year of delivery the Transaction will be canceled. Generally, the transfer amount will be credited back to the bank account from which it was received minus any costs incurred in transferring the amount to and back from the country and currency of the designated recipient. You must note however that because of currency export controls in effect in certain countries, it may not be possible to credit the amount to you if the funds have been converted into a local currency. If this occurs, you will be given the opportunity to designate a different Recipient residing in the same Destination Country as the original Recipient. You may be charged Non-Standard Service Fees for processing and handling of such Transactions (as that term is defined in Section 5(b), above). After a disbursement has become undeliverable, rejected or undeposited for one year, should I-MONEY use reasonable efforts (e.g., email, telephone, and/or written notice) and be unable to contact you for another 30 days using the last known contact information provided by you, then you authorize I-MONEY to designate an alternate Recipient at that time, using its sole discretion.

8. LIMITATIONS OF SERVICE

a. General Restrictions. I-MONEY may, in its sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per transaction basis or on an aggregated basis. These limits are at the sole discretion of I-MONEY and may be changed from time to time. You may not maintain multiple Accounts through this website or through any other website for which I-MONEY provide a similar service. For the purposes of these limitations, I-MONEY will aggregate funds from the same bank account, regardless of the name of the recipient. Moreover, funds initiating from the same address or being received at the same address may be subject to aggregation and limitation. For example, if you and your spouse each charge the same bank account 2,500 to fund Transactions, your funding requests may be combined and each of you may be considered to have sent 5,000 in aggregate Transactions. I-MONEY reserve the right at any time and from time to time to modify or discontinue the Service (or any part thereof) with or without notice, subject to applicable law

b. Limited Use of the Account. I-MONEY limits your ability to initiate Transactions with a set of caps on the amount of individual Transactions and the aggregate amount of Transactions that you may initiate in a period of time. These limits vary with several factors, including how long you have been an Account holder, and how many other Transactions you have initiated recently. By way of example, I-MONEY may cap your first Transaction at 1,000 and limit the total Transactions that you may initiate in your two months at 1,000 per Transaction and 5,000 in the aggregate. Thereafter, I-MONEY may impose limits of 5,000 per Transaction and 15,000 in a rolling two month period. I-MONEY may grant limited exceptions to these restrictions on a case-by-case basis where customers provide additional information about themselves and their Transactions. Contact I-MONEY to request an exception using one of the methods described in Section 23 of the TOS. I-MONEY reserves the right to change the foregoing limits at any time.

c. Forbidden Transactions. The Service may not be used for the improper, unlawful, or fraudulent transfers of funds ("Forbidden Transactions"). Forbidden Transactions include but are not limited to attempts (a) to transfer funds using stolen, unauthorized, or otherwise compromised check card, debit card, bank account, or Account information, (b) to transfer funds using an account with insufficient funds (c) to seek reimbursement of funds that have already been disbursed, (d) to launder funds, (e) to use the Service in connection with gambling or pornography, (f) to fund terrorist organizations or individuals identified from time to time by the appropriate governing authorities in the U.S. and U.K. and (g) to violate applicable laws of the United Kingdom and its Territories, laws of the Destination Country, international laws, banking laws, rules and regulations, or the laws of any other relevant jurisdiction.

d. Commercial Transactions. I-MONEY have no control over, and are not responsible for, the quality, safety, legality, or delivery of goods or services that you pay for using the Service ("Commercial Transactions"). You acknowledge that any use of the Service for Commercial Transactions is at your own risk. Should you have any dispute with a Recipient regarding a Commercial Transaction, you agree to pursue any related claims directly with the Recipient. You agree to hold I-MONEY harmless for any loss or expense they incur as a result of a Commercial Transaction.

e. Ineligible Recipients. I-MONEY reserve the right to refuse disbursement to certain Recipients, countries, territories, addresses or other geographic designations in their sole discretion, including without limitation, destinations and individuals that are included on the Specially Designated Nationals list, Identified Terrorists and Groups Lists and such other lists as may be issued from time to time by the appropriate governing authorities in the U.K., other government agencies, and other sources. You acknowledge that in certain circumstances I-MONEY may be required to freeze Transaction funds and/or suspend a Recipient's receipt of Transaction funds, and/or segregate those funds in compliance with applicable law.

9. REFUNDS

You may obtain a refund of a Transaction upon written request if, at the time your request is processed (not received), the Transfer amount has not yet been collected by the recipient. Refund requests must include the following information: (a) your full name, address, and phone number, (b) Recipient's full name, address, and phone number, (c) the date of the Transaction, (d) the location to which funds were to be disbursed, and (e) the amount of the Transaction. Send your written request by one of the methods described in Section 23 of the TOS. Oral refund requests will not be accepted.

Refunds will only be made in the Transaction Amount (not including Service Fees) and will always be made in the same form of payment originally made. The refunded amount may be less than the original Transaction Amount to cover the costs associated with the Transaction amount having been converted to another currency and then re-converted to the original currency. In addition, there may be an additional Non-Standard Service Fee to refund a Transaction (as that term is defined in Section 5(b), above). Under no circumstance will refunds be made if a Transaction has already been released to a Local Market Associate or money has been collected by or paid out to the recipient.

10. PRIVACY POLICY/COLLECTION OF INFORMATION

By agreeing to this TOS, you acknowledge and consent to I-MONEY's Privacy Policy. You agree that I-MONEY will own and possess the data that you provide in connection with the Services and that I-MONEY may provide access and use of such data to its employees. Any documentation provided to I-MONEY will be retained on file for a period of 5 years. You also agree that I-MONEY may use such information to provide Services, to implement marketing programs, to help protect against fraud and to conduct research and analysis. In addition, you agree that I-MONEY may disclose such information for the same purposes to companies that work with I-MONEY, including the portal through which you access the Services. For example, I-MONEY may provide certain information to companies that perform business operations or services, including marketing services, on their behalf. If you do not wish I-MONEY to disclose such information for the same purposes to companies that work with I-MONEY, including the portal through which you access the Services, you may not use the Service. Your use of services provided by I-MONEY will indicate your acceptance of these terms. You may withdraw your consent to disclose such information, but if you do, your use of the Service will be terminated. To withdraw your consent, you must contact I-MONEY by one of the contact methods described in Section 23 of the TOS. I-MONEY may also provide certain information to others as permitted by law, such as government entities or other third parties.

11. RECORDS AND REPORTS

I-MONEY maintain records of your Transaction history to the extent required under applicable law. Records will be updated on a continuing basis as Transactions are made and received. At the end of each calendar month, you agree to review your online Transaction history, which is available at this website (or such other website to which I-MONEY may direct you). You agree that such availability shall constitute your periodic statement, as required by law. At each review, you must review your online account history for the preceding sixty (60) days

12. ERRORS AND QUESTIONS.

You must contact I-MONEY immediately if you think your Transaction history is wrong or if you need more information about a listed Transaction. Contact information for I-MONEY is located in Section 23 of the TOS. In your correspondence, (1) provide your name and user ID; (2) describe the error or the Transaction you are unsure about, and explain why you believe it is an error or why you need more information; and (3) provide the GB Sterling amount of the suspected error. You must notify I-MONEY within sixty (60) days of the end of the calendar month in which the problem or error appeared on your online Transaction history. I-MONEY will determine whether an error occurred within ten (10) business days after it receives notice from you and will correct any error promptly

If an item is posted to your Account and you do not object to it within (60) days of the end of the calendar month in which the item appeared by contacting I-MONEY as detailed above, you expressly accept that item and waive any claims against I-MONEY related to it (either directly or indirectly).

For errors involving an Account that has been open for less than ninety (90) days, (a "New Account"), I-MONEY may take up to ninety (90) days to investigate your complaint or question and up to twenty (20) business days to credit your Account for the amount you think is in error.

13. YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS

Tell I-MONEY at once if you believe your password has been lost or stolen, or if your Account has been compromised in any way, or if someone has transferred or may transfer money without your permission (an "Unauthorized Transaction"). The best way to minimize your possible losses is to telephone or email I-MONEY. Contact information for I-MONEY is located in Section 23 of the TOS.

14. ACCURACY OF INFORMATION YOU PROVIDE

You represent and warrant that all information you provide in connection with the Service, including but not limited to information about yourself, your Funding Mechanism, and your Recipient, will be complete, truthful and accurate in all respects. I-MONEY is entitled to rely on any such information, and you agree to notify I-MONEY of any changes to your personal information within 30 days of said changes. I-MONEY also reserve the right to take steps to verify the information you provide, although they may not be required to do so. Your ability to use the Service may be terminated and any pending Transactions may be cancelled if you provide false information. In addition, you may be subject to civil and criminal penalties.

15. INDEMNITY

You agree to indemnify and hold I-MONEY and their respective affiliates, subsidiaries, officers, agents, co-branders and other partners, directors, and employees, harmless from any claim or demand, including reasonable lawyers' and legal fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

16. I-MONEY 'S INTELLECTUAL PROPERTY

You acknowledge that the Service, including but not limited to the content of this website, text, graphics, links, buttons, logos, and images, as well as all other copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by I-MONEY and/or their partners ("I-MONEY' Intellectual Property"). You agree not to display, use, copy, or modify I-MONEY Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of this website for your own personal, non-commercial use. You further agree not to: (a) use any robot, spider, scraper or other automated device to access the Service or (b) remove or alter any author, trademark or other proprietary notice or legend displayed on this website (or printed pages thereof).

17. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. (a) I-MONEY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) I-MONEY MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM I-MONEY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

18. LIMITATION OF LIABILITY

EXCEPT FOR ANY RIGHT TO A REFUND EXPRESSLY DESCRIBED HEREIN, YOU UNDERSTAND AND AGREE THAT NEITHER PROGRAM MANAGER, NOR BANK, NOR LOCAL MARKET ASSOCIATES SHALL BE LIABLE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) DELAY, NONPAYMENT, OR UNDERPAYMENT OF ANY MONEY TRANSFER; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING A BREACH OF PROVIDER'S SECURITY; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ABOUT THE SERVICE; AND (v) FAILURE TO MAINTAIN THE CONFIDENTIALITY OF ANY INFORMATION SUPPLIED TO I-MONEY BY YOU.

You agree to indemnify and hold I-MONEY, their shareholders, subsidiaries, affiliates, directors, officers, employees, agents, suppliers and subcontractors harmless from any claim or demand, including but not limited to reasonable attorneys fees, made by any third party due to or arising out of your use of the Service.

IF PROGRAM MANAGER, BANK, OR LOCAL MARKET ASSOCIATES ARE DEEMED LIABLE TO YOU IN CONNECTION WITH ANY TRANSACTION MADE OR NOT MADE IN ACCORDANCE WITH THIS TOS, THE MAXIMUM AGGREGATE LIABILITY OF PROGRAM MANAGER, BANK, AND LOCAL MARKET ASSOCIATES SHALL BE THE CORRESPONDING TRANSACTION AMOUNT, WITHOUT INTEREST, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

19. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE TOS MAY NOT APPLY TO YOU.

20. DISPUTE RESOLUTION AND GOVERNING LAW

This Arbitration Provision ("Provision") facilitates the prompt and efficient resolution of any disputes that may arise between you and us. Arbitration is a form of private dispute-resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (an arbitrator) for a binding decision. You have the right to opt-out of this Provision, which means you would retain your right to litigate your disputes in a court, either before a judge or jury. To exercise your right to opt-out you must provide us with written notice no later than the earlier of 30 days after your Account is first opened. If we do not receive your written notice within that time frame, your rights to opt out will terminate, and you agree that the provisions of this section will apply.

PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ALL DISPUTES ARISING OUT OF OR CONNECTED TO THIS TOS SHALL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. IN THE ABSENCE OF THIS PROVISION, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY, AND/OR TO PARTICIPATE IN OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING, BUT NOT LIMITED TO, CLASS ACTIONS). EXCEPT AS OTHERWISE PROVIDED, ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO LITIGATE CLAIMS AND ALL OPPORTUNITY TO BE HEARD BY A JUDGE OR JURY.

a. Parties and Matters Subject to Arbitration. For purposes of this Provision, "us" means I-MONEY, their parents, subsidiaries, affiliates, licenses, predecessors, successors, assigns, and all of the employees, directors, parents, subsidiaries, affiliates, beneficiaries, agents and assigns of any and all of them. For purposes of this Provision, "you" includes your employees, parents, subsidiaries, affiliates, beneficiaries, agents and assigns. For purposes of this Provision, "Claim" means any claim, dispute, or controversy by either you or us, arising out of or relating in any way to this TOS, this Provision (including claims regarding the applicability, enforceability, or validity of this Provision), your Account, the Service, any Transaction, and our relationship. "Claim" also refers to any interaction or communication between you and us that occurred prior to or concurrent with entering into the TOS, including those Claims now in existence, regardless of present knowledge. "Claim" shall refer to claims of every kind and nature, including, but not limited to, initial claims, counterclaims, cross-claims and third-party claims. All Claims are subject to arbitration, regardless of legal theory and remedy sought, including, but not limited to, claims based in contract, tort (including negligence, intentional tort, fraud, and fraud in the inducement), agency, statutory law, administrative regulations, or any other source of law (including equity).

b. Agreement to Arbitrate. Any Claim arising out of or relating to this TOS, or the breach thereof, shall be resolved and settled exclusively and finally by binding arbitration, in accordance with this Provision. Binding arbitration shall not be required, however, for collection actions by us relating to your Account or the Service. Furthermore, both you and we retain the right to pursue in a small claims court any Claim that is within that court's jurisdiction, provided the Claim proceeds on an individual basis. However, only a court of law, not an arbitrator, shall determine the validity and effect of this Provision's prohibition of class arbitration. For any Claims covered by this Provision, a party who asserted a Claim in a lawsuit in court may elect arbitration with respect to any Claim subsequently asserted in that lawsuit by any other party.

c. Voluntary Waiver of the Right to a Jury Trial and Class Action Participation. As a result of this Provision, neither you nor we have the right to litigate any Claim in court or the right to a jury trial on any Claim. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT YOU MAY HAVE TO GO TO COURT OR TO HAVE A JURY TRIAL. FURTHERMORE, NEITHER YOU NOR WE MAY SERVE AS A REPRESENTATIVE, OR IN ANY OTHER REPRESENTATIVE CAPACITY. SIMILARLY, NEITHER YOU NOR WE MAY PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN A LAWSUIT OF ANY CLAIM.

d. Prohibition of Class Arbitration. All Claims shall be resolved by binding arbitration on an individual basis. Claims made and remedies sought as part of a class action or other representative actions are subject to arbitration on an individual (non-class, non-representative) basis. Therefore, the arbitrator has no authority to conduct class-wide proceedings and will be restricted to resolving individual Claims. THIS ARBITRATION PROVISION THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS BASIS. Arbitration will only be conducted on an individual Claim basis, and there is no right or authority to consolidate or join any of your Claims with any other Claims. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION UNDER THIS PROVISION.

e. Governing Law.This agreement to Arbitrate is made pursuant to and shall be governed by the Arbitration Act 1996 as it may be amended. If for any reason the Arbitration Act 1996 does not apply, the substantive law of England & Wales shall govern.

f. Arbitration Location and Procedure.Any arbitration hearing at which you wish to appear will take place at a location within the Central London area. The party bringing the Claim may file its Claim at The Chartered Institute of Arbitrators. The arbitration organization will administer the arbitration pursuant to its procedures in effect at the time of filing, subject to this Provision. In the event of a conflict or inconsistency between the respective organization's rules and this Provision, this Provision shall govern. The arbitration will be conducted before a single arbitrator, whose authority is limited solely to individual Claims between you and us. The arbitration will not be consolidated with any other arbitration proceeding. Any decision rendered in such arbitration proceeding will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. The rules and forms of each respective organization may be obtained as follows: Online at www.arbitrators.org or in writing to The Chartered Institute of Arbitrators International Arbitration and Mediation Centre, 12 Bloomsbury Square LONDON WC1A 2LP

g. Arbitrator's Authority.The arbitrator shall apply the applicable substantive law, consistent with the Arbitration Act 1996; shall apply statutes of limitation; and shall honor claims of privilege recognised by law. In conducting the arbitration proceeding, the arbitrator shall not apply any rules of civil procedure or evidence. . PURSUANT TO THIS ARBITRATION PROVISION, THERE IS NO RIGHT TO ENGAGE IN PREARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES AND PROCEDURES OF THE RESPECTIVE CHOSEN NATIONAL ARBITRAL ORGANIZATION. Either party may, however, request to expand the scope of discovery. If a request is made, within fifteen (15) days of the requesting party's notice, the objecting party may submit objections to the arbitrator with a copy of the objections provided to the party requesting expansion. The grant or denial of a party's request will be in the sole discretion of the arbitrator, who shall notify the parties of the final decision within twenty (20) days of the objecting party's submission.

h. The Arbitrator's Award. The arbitrator has the ability to award to the prevailing party all remedies available at common law, by statute, or in equity, including injunctive relief, declaratory relief, arbitration costs and lawyer fees. The arbitrator shall not, however, have authority to award any punitive damages.

YOU AND WE AGREE THAT PUNITIVE DAMAGES ARE NOT RECOVERABLE IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THIS AGREEMENT. For awards not in excess of 5,000, upon the timely request of any party, the arbitrator shall provide a brief written explanation of the basis for the award. In the event an award exceeds 5,000, or in which there is a request for equitable relief with a potential financial impact or value in excess of 5,000, the award of the arbitrator shall be in writing and shall specify the facts and the law on which it is based. In such case, the arbitrator's findings of fact must be supported by substantial evidence and the arbitrator's conclusions of law must not be based on legal error or be erroneous under the applicable substantive law. Further, in addition to the 1996 Arbitration Act's grounds for vacation, modification or correction of the arbitrator's award, the parties shall have the right to judicial review of the arbitrator's award to determine whether the arbitrator's findings of fact are supported by substantial evidence and whether the arbitrator's conclusions of law are based on legal error or are erroneous under the applicable substantive law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. However, if the award is in excess of 5,000, judgment may be entered only upon determination by the court that the award is supported by substantial evidence and is not erroneous or based on legal error.

j. Binding Effect and Survival. You and we agree that, except as specifically provided for above, the arbitrator's decision will be final and binding on all parties subject to this Provision. This Provision is binding upon you, us, and the heirs, successors, assigns, and related third parties of you and us. This Provision shall survive termination of your Account.

21. GENERAL INFORMATION

a. Entire Agreement. The TOS constitutes the entire agreement between you and I-MONEY and governs your use of the Service, superseding any prior agreements between you and I-MONEY. You also may be subject to additional terms and conditions of third parties who are not subject to the TOS.

b. No Waiver. The failure of any Provider to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the TOS as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.

c. Modification. The TOS may be modified or amended by I-MONEY from time to time without notice, except as may be required by law. You can review the most current version of the TOS at any time by reviewing this website (or such other website to which I-MONEY may direct you). You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you will be deemed to have accepted that amendment or modification. You agree that you will not modify these TOS and acknowledge that any attempts by you to modify these TOS shall be void.

d. Termination. I-MONEY reserve the right to terminate your ability to use the Service for any reason and may cancel any pending Transaction. Suspension or termination may occur if in a Provider's determination (i) you have not properly funded a requested Transaction; (ii) you attempt to initiate a Transaction from an account that does not belong to you; (iii) you use the Service, directly or indirectly, for any Forbidden Transaction; (iv) you provide incorrect or false information about yourself, your accounts or about a Recipient; (v) you use or attempt to use the Service for tampering, hacking, modifying or otherwise corrupting the security or functionality of any of I-MONEY 's or any other website; (vi) I-MONEY receive conflicting claims regarding ownership of, or the right to use, an account used to fund a Transaction; (vii) I-MONEY receive a garnishment, levy or other legal process applicable to you, your Account, or a Transaction; (viii) you have breached a term or condition of this TOS, or any representation or warranty that you make under the TOS is false; or (ix) I-MONEY determine, in their discretion, that you are no longer actively using the Service. You agree that none of I-MONEY will be held responsible or liable to you, any Recipient or any other person for such termination. Moreover, you understand I-MONEY may report suspicious activity to appropriate law enforcement authorities.

Upon termination of your ability to initiate a Transaction for any reason, I-MONEY may terminate all your pending Transactions. If you have no outstanding obligations in connection with the Service, the Bank may credit any balance to any Funding Mechanism that you used to fund Transactions. Termination of this TOS will not affect your liability related to acts or omissions prior to termination, including your liability for any Transaction.

e. Business Days. The phrase "business days" as used herein means Monday through Friday, excluding U.K. National and Bank Holidays. However, the Service will generally still be available online on non-business days.

f. Assignments and Transfers. You may not assign or otherwise transfer your rights under the Account or the TOS to any other person or entity.

22. CONTACT INFORMATION

Contact information for I-MONEY for questions, notifications, and requests for further information is as follows:

Online at www.I-MONEYtransfer.com
Telephone UK at +44 020 7534 5827 Fax at +44 020 7534 5828, Email at Customerservices@I-MONEYtransfer.com, Mail at Instant Money Transfer Limited Customer Service 205 Wardour Street, London W1F 8ZJ.

Please report any violations to the Chief Operating Officer, Instant Money Transfer Limited, 205 Wardour Street, London W1F 8ZJ