Definitions

In these Terms and Conditions, the words “you” and “your” refer to the person who accepts and agrees to the terms and conditions of this Agreement.
The words “Top Rate Transfer”, “we” and “us” refer to TOP RATE TRANSFER PTY LTD.“Services” means all payment services and related products available through this website.
“Sender” means someone who uses the Service to send money.
“Recipient” means someone who receives money through the Service.
“Destination Country” means the country in which the Recipient receives money through the Service.
“Beneficiary Owner”: As defined by AUSTRAC;A beneficial owner of a customer is defined as an individual (a natural person or persons) who ultimately owns or controls (directly or indirectly) the customer. Ownership for the purposes of determining a beneficial owner means owning 25 per cent or more of the customer. The definition of 'control' includes whether the control is exerted by means of trusts, agreements, arrangements, understandings or practices and whether or not the individual has control based on legal or equitable rights. It includes where an individual can exercise control through making decisions about financial and operating policies.“Transaction” means a specific instruction to send money through the Service.
“Transaction Amount” means the amount of money that the Sender wishes to send to the Recipient, excluding any applicable fees and prior to any foreign exchange conversion. “Payment Instrument” means a valid instrument of payment such as a bank account, debit card or credit card.“Payout Amount” means the amount paid out to the Recipient, after any foreign exchange conversion and excluding Local Taxes.
“Transaction Fee” means the fee plus any additional charges applicable to each Transaction.
“Service Provider” means a local bank, money exchange house, or other third-party service providers in the Destination Country with whom Top Rate Transfer works in providing the Service.“Emergency” means services or remittance requiring an immediate response or transfer i.e for funds to be available for the receiver immediately.“Top Rate Transfer Remittance Facility” refers to the Top Rate Transfer online platform for the purpose of carrying out remittance services. “Verify” means that you have to complete our verification process in order to help establish your identity with Top Rate Transfer. “Website” means any URL, such as www.topratetransfer.com.au, that we use to provide the Services to you. “Password” means the secret password defined by you, at the time of registration. “The Effective Date” means the date on which our Terms and Conditions become effective.

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1. Introduction

• 1.1. The Top Rate Transfer service is provided by TOP RATE TRANSFER PTY LTD (“TOP RATE TRANSFER”, “we”, “us” or “our”) through our online platform. Reference to our Money Remittance process in this terms and conditions include the use of our website money transfer.
• 1.2. This Agreement and Top Rate Transfer service allows you to send online money transfer (a “Transfer”) to the person named on the form (the “Recipient”) and allows them to receive the money into their local bank account. If or when other forms of electronic or virtual accounts remittance, for example a mobile wallet (our “online to account” service) becomes available. These terms and conditions will be updated accordingly and will apply to both services except where we say they apply to only one of them.
• 1.3. In order to use the Top Rate Transfer remittance facility for the first time, you must set up your “Profile” by entering your personal information, a “User ID” (which is your email address is used for identification purposes and to login to your Profile), a password, a valid Identification and a contact number. For any consecutive Transfers you can use your existing Profile using your User ID and password to login. All information provided by you shall be stored in your Profile, and shall be maintained by us or our “Service Providers” (any company or companies engaged by us or our contractors to provide our Remittance Services) based upon the information supplied by you.
• 1.4. You cannot send a Transfer on behalf of a third party.
• 1.5. For online transfers, you can either send the money within the same country or to a different “Receive Country”. Once we have accepted your Transfer and the money has been collected from your bank account, the recipient can collect the money in the agreed currency and agreed exchange rates in the bank account that you stated in the online form. We will not contact the Recipient to advise them when the money has been deposited. However, you or the receiver may receive SMS alert to confirm that the transaction has been completed.
• 1.6. We do not offer our services in all countries. You can call us or visit our website to find out the availability of our services and addresses and opening times of locations offering the services.
• 1.7. We may communicate with you electronically (for example, by email) unless we are required by law or regulatory requirements to communicate in another way. If you do not wish to receive communications electronically, you may not use Top Rate Transfer Remittance Services.
• 1.8. We do not offer emergency services, under no circumstance shall your money transfer be deemed “Emergency” or very urgent through Top Rate transfer
• 1.9. You agree to promptly update your records if your email address or other contact information in your profile changes. Follow the instructions on our website to update your profile.

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2. The Nature of the Services

Top Rate Transfer Pty Ltd (ACN 641 161 444) is a company registered in Australia with an office located in NT. Top Rate Transfer can be contacted by mail on 1D, 174 Forrest Parade, Rosebery NT, 0832, Australia, and also by email at admin@topratetransfer.com.au Top Rate Transfer is registered with AUSTRAC for the for the provision of remittance. Top Rate Transfer is only a Remittance Service Provider; Our main business is money transfer services. For security reasons, we recommend that you only send money through the service to people you know personally. If you choose to pay third parties for goods and services using the service, you acknowledge that Top Rate Transfer has no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods and servies.

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3. Accessing the Services and Registration Information

• 3.1. To be eligible for our Services, you must be at least 18 years old. You must be able to form legally binding contracts under applicable law. Other restrictions may apply. Top Rate Transfer will always contract as a principal with you and deal with you on an execution only basis. Our Terms and Conditions are applicable to each Transaction. If you submit a Transaction, you are requesting that we process the Transaction on your behalf, an offer which we may accept or reject at our sole discretion from our place of business. However, if we decide not to process the Transaction, we will notify you promptly of that decision and repay the money paid to us.
• 3.2. You will be required to provide certain information that identifies each person who seeks to register to use Top Rate Transfer Remittance Facility or who requests a Remittance Payment, such as your name, address, date of birth, occupation and other information that will allow us to identify you. You agree to provide complete and accurate information in connection with the registration process and you further agree to update this information as may be reasonable or necessary to keep it complete and accurate at all times.
• 3.3. Use of the Top Rate Transfer Remittance Facility is granted subject to our ability to verify your identity. If you do not provide accurate and complete information during registration or when requesting a Remittance Payment, we have the right to prohibit you from using our Remittance Facility or decline to process the request. In addition, if you do not provide accurate and complete information during registration or when requesting a Remittance Payment, you may cause errors in your requested remittance payment.
• 3.4. You authorize Top Rate Transfer to request a credit report on you and/or to obtain information from other third parties and financial institutions regarding you or the Payment Account. The home address that you provide when registering must be the same as the billing address for your debit card or prepaid card. Top Rate Transfer may seek to verify your registration information and any other information in connection with a request for a Remittance Payment but is under no obligation to do so. You acknowledge that Top Rate Transfer is relying upon the information you provide.
• 3.5. Each time you access our Remittance Facility, you shall be deemed to have confirmed the accuracy and completeness of all registration information.
• 3.6. You authorize Top Rate Transfer to charge you the costs associated with verifying your identity in instances a transaction was not completed due to incomplete and inaccurate information.

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4. The Website

You will be able to access material on some areas of the Website without going through the registration process. Certain areas of the Website are only open to you if you register. Upon registration, you will be able to obtain a username and password in order to enable you to access the private area of the Website and use the Services. You agree to provide true and complete information as prompted by the registration form on the Website, and to update this information to keep it true and complete at all times. You will notify Top Rate Transfer as soon as you become aware of any error in any details you have provided. You will be solely and absolutely responsible for maintaining the secrecy and confidentiality of all your usernames and passwords enabling you to access Top Rate Transfer Website. Top Rate Transfer will be entitled to assume that anybody who uses the username and password has your full authority to do so and accepts no responsibility for misuse or unauthorised access, other than in circumstances where the use has been by employees of Top Rate Transfer or where you have notified Top Rate Transfer of termination in accordance with these Terms and Conditions.

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5. Payment

• 5.1. When you are sending money under these Terms and Conditions, it is your responsibility to make sure all the Transaction details are accurate before submission. Once a Transaction has been submitted for processing it is impossible to change any of its details or call back a transaction that has been sent to the beneficiary. If you would prefer to submit a new transaction, you will need to provide payment instructions online by using our Website.
• 5.2. Top Rate Transfer will provide you with the exchange rate, Transaction Amount and Payout Amount. We will also generate a unique Transaction identification number and funding instructions.For each Transaction that you submit, you agree to pay us a transaction fee (the “Transaction Fee”) in addition to the Transaction Amount. Additional charges may apply. You agree to make a total payment (the “Transaction Fee” plus the Transaction Amount) for your transaction.
• 5.3. Payment becomes due at the time that you submit your Transaction. If you submit a Transaction that results in Top Rate Transfer becoming liable for charges including but not limited to chargeback or other fees, you agree to reimburse us for all such fees. In order for us to collect payment from you, you authorize us to access, charge, or debit funds from, any of the payment instruments you provide us in connection with your use of the Service (each, a “Payment Instrument” including, for example, your credit card, debit card, PayPal account, or bank account). If your payment fails or is insufficient, you authorize us to re-try one or more times using the same or a different Payment Instrument. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, we may try to debit your bank account or charge your credit card at a later time.
• 5.4. You represent and warrant that you are the lawful owner of your Payment Instrument(s).Once we receive funds in our account, these funds after conversion to a Recipient’s currency will be credited to the Recipient’s account within two business days in our current destination corridors (All Saturdays, Sundays and the bank holidays in Nigeria, Ghana, and India are excluded while calculating the business days). Top Rate Transfer will not be responsible for the delays that may occur on account of missing transaction reference number in the wire transfer instructions. You represent and warrant that you are the lawful owner of the bank account attached to any payment method notified by you.
• 5.5. Top Rate Transfer and its Service Providers usually make a small profit from exchange rate margins which can vary daily and by the minute. The foreign exchange conversion rate shown on the Website is the rate applicable for the currency conversion transactions done on that particular day and time. Its in no way guarantees or represents the foreign exchange conversion rate that will actually be applied on a future date and time to the remittance initiated by you. Top Rate Transfer will have no responsibility for any fees or charges you may incur by the use of a particular Payment Instrument to fund a Transaction. These may include but are not limited to unauthorised overdraft fees imposed by banks if there are insufficient funds in your bank account or “cash advance” fees and additional interest which may be imposed by credit card providers if they treat the use of the Service as a cash transaction rather than a purchase transaction.
• 5.6. Top Rate Transfer reserves the right to cancel any transaction that is deemed fraudulent or not in accordance to this terms and condition. Example; A customer shall only initiate a transaction originating from a bank account bearing their names.
• 5.7. Banks have specified times for cut off for the receipt and dispatch of electronic payments. Therefore, Top Rate Transfer accepts no responsibility whatsoever for any delay in onward payment attributable to the late arrival of funds or instruction of payment relative to the cut off times of the designated bank. Top Rate Transfer is not responsible for any charges applied by Recipient’s bank resulting from the receipt of funds into the Recipient’s bank account. You shall contact directly Recipient’s bank for details of any such charges. You will not be entitled to any interest for the period during which the funds to be remitted are with the Bank or pending remittance or are in the course of remittance, or for any other period. Top Rate Transfer may, at any time and in our sole discretion, limit the amount to be transferred, either on a per transaction basis or on an aggregated basis. All our customers should be advised that our online merchant is located in Australia.

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6. Payment of Funds to Receiver

• 6.1. Top Rate Transfer and/or Top Rate Transfer designated service providers will arrange for the delivery of the Remittance Payment to the Receiver in the country of the Receiver. Payment will be made by means of a credit to a bank account provided by the user or sender, by stored value card (if available), or by other payment instruments. Not all payment methods are available in all countries, and Top Rate Transfer reserves the right to change payment method options. Top Rate Transfer also reserves the right to select the form of payment to the Beneficiary if there are other means other than the Receiver Bank account. Top Rate Transfer and/or Top Rate Transfer designated service providers will use reasonable efforts to provide payment in the form requested, but the Top Rate Transfer Remittance Facility is not obligated to provide all these payment options for a specific Remittance Payment. If a Receiver cannot be located and/or identified, the Remittance Payment funds may be returned to you either by a credit to your Payment Account or by Check payment, at Top Rate Transfer’s option.
• 6.2. Top Rate Transfer reserves the right to establish identification and verification requirements for a Receiver to receive the funds from a Remittance Payment. Top Rate Transfer may rely, without further investigation, upon identification information or documentation provided by you or a Receiver, including any code or identifier number of the Remittance Payment, when making a payment of funds to the Receiver. You agree and acknowledge that Top Rate Transfer has the right to decline to deliver the payment to the Receiver if Top Rate Transfer cannot verify the identity of the Receiver. Although Top Rate Transfer has the right to establish identification and verification requirements and the Receiver’s failure to comply with them is a basis to decline the delivery of the Remittance Payment, Top Rate Transfer has no obligation to establish any such requirements.

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7. Cancellation and Refund

• 7.1. Please let us know if you have any problems with the Service. You can contact us using the contact information at the bottom of these Terms and Conditions. You have the right to cancel your agreement with us after you have submitted a Transaction. This right of cancellation continues until seven days after you have submitted the transaction, or until we have completed the contract by paying the Payout Amount to the Recipient, whichever is the earlier. If you exercise your right to cancel under this clause, we may make a cancellation charge. We will consider your written request for a refund (submitted by email, or by mail using the contact information at the bottom of these Terms and Conditions) if you provide the Sender’s full name, address, and phone number, together with the Transaction identification number, Transaction Amount, and the reason for your refund request. Any refunds will be credited back to the same Payment Instrument used to fund the Transaction and in the same currency. No adjustment will be made for any currency fluctuations which may have occurred in the meanwhile. If we do provide you a refund, we will only refund the Transaction Amount if the Transaction was not paid out to the Recipient (in which case we will also cancel your pending Transaction). The transfer fee will not be refunded as it represents Top Rate Transfer PTY LTD administrative cost.
• 7.2. Top Rate reserve the right to cancel the service provided to any individual at any time, if it’s not satisfied that such individual does not adhere to the terms of service or are suspected to be ingenuine with their dealing with Top Rate.

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8. Collection of Information

8.1 Australian law requires all financial institutions to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers, recipients and beneficiary owners of customers. In accordance with our obligations under the AML/CTF Act, AML/CTF Rules and AML/CTF Regulations, we may, therefore, require you to supply us with sufficient personal information to enable us to verify your residential address and other personal details in order to confirm your identity. For that, we may ask for photographic evidence of your identity such as a copy of your passport, driver’s license and other personal identifying document and/or information. We may also legally consult other sources to obtain information about you, your beneficiary owner and/or the recipient.Top Rate Transfer reserves the right to access various government and private databases, and credit reference agencies, which may keep a record of that information, so as to verify your information for the purposes of electronic identification. We may request additional information.

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9. Privacy Policy

9.1 Any information that you supply to enable us to perform our Services is protected by the Privacy Act 1988. You agree that Top Rate Transfer may use such personal data for the purposes of performing our Services, assessing the risk of performing our Services, for the purposes set out in our Terms and Conditions and to enable Top Rate Transfer to enforce its rights under our Terms and Conditions if necessary. You should be aware that: If we are requested or required by the police or any regulatory or government authority investigating suspected illegal activities, or upon the receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Terms and Conditions or otherwise.Top Rate Transfer handles all your information in accordance with our Privacy Policy. A copy of the Privacy Policy may be obtained on request at admin@topratetransfer.com.au. You agree that Top Rate Transfer may use your information for marketing and promotional purposes and/or may give details to a third party for market analysis, marketing and promotional purposes.

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10. Limitations of Liability

10.1 In no event shall Top Rate Transfer, Service Providers, or their respective subsidiaries, officers, agents, partners, or employees be liable for any direct, indirect, incidental, special, consequential or exemplary damages beyond the sum of AUD100.00 (in addition to refunding the transaction amount and transaction fees).Top Rate Transfer shall not be liable for any direct, indirect or consequential loss or damage sustained by the customer arising due to any delay in communicating or performance of any instructions or transactions due to any reason arising on account of circumstances not attributable to Top Rate Transfer or beyond control of Top Rate Transfer such as reasons of failure of operational systems, any kind of technical failures, natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or network failure, software or hardware error, labour problem, strike or any other reason beyond the control of Top Rate Transfer.

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11. Intellectual Property and Copyright

11.1 You acknowledge and accept that all of the copyright, database rights and any other intellectual property rights which subsist in the design, layout, processes, functions, data and content of the Website are the property of Top Rate Transfer, its information providers or licensors. The Website is owned and operated by Top Rate Transfer. No part of the Site, its content or any of its underlying software and databases may be copied or reproduced, shared with third parties, reverse engineered, reverse assembled, or used to create any derivative work (whether in physical or electronic form) without the prior written consent of Top Rate Transfer. You are authorised 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 use any robot, spider, scraper or other automated devices to access the Service; or remove or alter any author, trademark or other proprietary notice or legend displayed on this website (or printed pages thereof).

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12. Complaints

12.1 Top Rate Transfer aims to provide the highest level of customer service possible. If you experience a problem, Top Rate Transfer will always seek to resolve this as quickly and efficiently as possible. A copy of our complaint procedures is available on request at admin@topratetransfer.com.au. In the unlikely event, that you are dissatisfied with our Service, in the first instance, in accordance with our complaint procedures, Top Rate Transfer requires you to inform us of the complaint as soon as practicable in writing by email to admin@topratetransfer.com.au. Where the initial complaint is verbal it must be followed up immediately with a written complaint. We will acknowledge receipt of your complaint within 5 business days. We will investigate your complaint and come back to you with the initial results of our investigation no later than 5 weeks of receipt of your complaint. If you are not satisfied with the manner in which we have dealt with your complaint, we will escalate your complaint internally. If you are still dissatisfied, then you may have a right to refer your complaint to the Financial Ombudsman Service Australia, GPO Box 3 Melbourne VIC 3001 (Australia), Telephone number 1800 367 287, Email info@fos.org.au

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13. Changes to Terms and Conditions

13.1 These Terms and Conditions may change from time to time, for example in order to comply with changes in the law or regulatory requirements or due to changes in market conditions.Top Rate Transfer will notify you of any changes to our Terms and Conditions in writing by email and/or by placing a notice on our Website. Top Rate Transfer will give you 7- days? notice to object to the changes by sending an email to admin@topratetransfer.com.au. Unless these amendments are rejected by you during that period, these will be deemed to be accepted. If the changes are rejected, the contract will be deemed to be terminated.Top Rate Transfer will also inform you of the date from which any change is to take effect (the “Effective Date”). Changes made to our Terms and Conditions will normally only apply to Services provided after the Effective Date but will also apply to Services provided before the Effective Date where Top Rate Transfer states so or is required to make them do so by law or regulatory requirements.

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14. No Financial Advice

• 14.1. The Service provided and information contained in this Website does not constitute investment or financial advice, and nothing relating to the provision of the information herein shall be construed as creating a fiduciary, financial or other advisory relationship between Top Rate Transfer and you or any other third party. Any comments or statements made are not a recommendation that a particular course of action is suitable for you and should not be regarded as investment advice. Before making any investment decision on the basis of any reports or information provided, you must read any relevant disclosure document and make your own investigations regarding the accuracy, reliability and completeness of this information. You should also seek expert professional advice about the offer in light of your particular financial circumstances and particular investment needs.
• 14.2. Use of the Top Rate Transfer Remittance Facility does not establish a checking account or any other form of a bank account for you or the Beneficiary with us or any of our distribution agents. Top Rate Transfer Remittance Facility does not constitute or create a fiduciary or escrow capacity between you and Top Rate Transfer. Funds held while processing a Remittance Payment request are not insured by any of the Australian Government Financial service guarantee schemes or any other government authority.

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15. Disclaimer

15.1 The information, material, advice, suggestions, illustrations, notifications, and circulars displayed here are collectively called “the contents” on this website. Top Rate Transfer assumes no responsibility for any mistakes, omissions, inaccuracies, typographical errors, etc. in the contents, nor does it make any warranty or representation regarding any content provided through this website. Top Rate Transfer disclaims all liabilities in respect of the contents. Any action taken on the basis of the said contents will be at your own risk and responsibility. Top Rate Transfer reserves its right to alter any part of the said contents, at its sole discretion, any time, as and when required. The contents of this website shall not be displayed or printed in any form, either in part or in whole, without the prior written approval of Top Rate Transfer.

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16. Jurisdiction

• 16.1. These Terms and Conditions will be governed and construed in accordance with Australian Law and any arising dispute pursuant to these Terms and Conditions will be determined by the courts in Australia. b. Our Terms and Conditions are written in the English language which shall also be the language of the Contract. All communications between us and you shall be made in the English language. Where any translation of our Terms and Conditions is undertaken into another language the English version of our Terms and Conditions shall prevail over any translation.
• 16.2. By signing up for the Top Rate Transfer Remittance Facility, you acknowledge that you have read, understood, accept and agree to the terms and conditions of this Agreement. You also confirm that you are able to print or download a copy of this Agreement.
• 16.3. Any external links to third-party websites on the website are provided as a convenience to you. These sites are not controlled by us in any way and we are not responsible for the accuracy, completeness, legality or any other aspect of these other sites including any content provided on them. You access such websites at your own risk.

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Contact Information

Contact Information

Registered Office: Top Rate Transfer Pty Ltd ACN 641 161 444 1D,

174 Forrest Parade Rosebery, NT, 0832,

Australia Email: admin@topratetransfer.com.au

Phone: 08 8992 7648

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