PAYDAQ - Money Transfer
PAYDAQ Ltd Terms and Conditions
THESE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR ACCESS TO AND USE OF THE PAYDAQ WEBSITE AND THE SERVICES AVAILABLE ON THE PAYDAQ WEBSITE.
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND OUR TERMS AND CONDITIONS BEFORE YOU ACCEPT THEM. THEY CONTAIN LIMITATIONS ON THE SCOPE OF OUR OBLIGATIONS TO YOU, AS WELL AS LIMITATIONS ON AND EXEMPTIONS FROM OUR LIABILITY TO YOU IN THE EVENT THAT YOU SUFFER LOSS AS A RESULT OF USING OUR SERVICES.
You acknowledge and agree that by completing the registration form, you agree to abide by the following terms and conditions (“Terms of Use”) concerning your use of the Service. If there is any part of the Terms of Use you do not understand or wish to clarify, please contact our Customer Service Centre at customer.service@paydaq.com.
1. Terms
1.1. In these Terms of Use, the following words have the meaning set out beside them:
"Account" means your online account which holds money;
"Fees" means any and all fees and charges levied by PAYDAQ for your use of the Service;
"PAYDAQ", "we", "our", "us" means PAYDAQ Limited;
"PAYDAQ Exchange Rate" means the exchange rate used by PAYDAQ on all currency exchange transactions as listed on transaction receipts;
"Service" means the money transfer service and identity verification service provided by PAYDAQ in accordance with the regulations of Ireland;
"Transfer" means, as the context permits, (a) the debiting of an amount of money from your Account and the concurrent crediting of such amount to a recipient account or other User account, as designated by you; or (b) the crediting of an amount of money to your Account and the concurrent debiting of a recipient account or other User account, in each case less any applicable Fees.
"User" means any person who meets all eligibility requirements set out in these Terms of Use;
"Website" means the PAYDAQ.com website.
2. Conditions
2.1. It is a condition of membership that you agree to these Terms of Use, which form a legally binding contract once you become a User. We may find it necessary to change the Terms of Use from time to time and will notify you of any changes by posting notice of the changes on our Website with a link to the amended Terms of Use. You may review the current Terms of Use prior to initiating any transaction at any time by clicking on the "Terms & Conditions" page. The Terms of Use will show the most recent revision date. No revision will affect any transaction that is outstanding as of the date of such revision. Use by you of the Service indicates your agreement to these Terms of Use.
2.2. The following policies, as amended from time to time, are incorporated into and form part of these Terms of Use:
Cancellation & Refunds
Under laws relating to online contracts, you have a right to cancel your agreement with us at any time after you indicate your acceptance of our Terms and Conditions. This right of cancellation continues until the expiry of fourteen days beginning on the day after your acceptance of our Terms and Conditions. You may cancel your agreement with us by:
(a) writing to us at PAYDAQ Ltd. Docklands Innovation Park, 128-130 East Wall Road, Dublin 3. Ireland; or
(b) emailing us at: customer.service@paydaq.com
We will accept any notice which indicates, in whatever form of words that you wish to cancel your agreement with us.
If you exercise your right to cancel before you have sent a money transfer order to us, your agreement with us will terminate and you will not be able to use PAYDAQ Money Transfer Service to send any money transfer orders. We will not charge you any cancellation fee.
If you exercise your right to cancel after you have sent a money transfer order to us, we will reimburse any payments which you made to us before cancellation, but we will not reimburse you if we have paid the money transfer to the recipient before we receive your notice of cancellation.
Complaints Procedure
The primary objective of PAYDAQ is to provide customers with the highest standard of service. We are constantly looking for ways to improve the service we offer to customers and to achieve this we need your help.
If you have encountered a problem with the service provided by PAYDAQ please let us know. We want to put it right as quickly as we can. To make things as easy as possible we have put guidelines in place to help resolve any issues with our service that you may have. Simply follow these steps:
Firstly, contact PAYDAQ:
If you have a problem or concern that you wish to raise please contact PAYDAQ. You can write or telephone whichever is most convenient for you. Your complaint will be dealt with in a courteous and professional manner and will be fully investigated as speedily as possible. In most cases you will find that the staff will be able to resolve your problem on the spot. However, if your problem is a bit more complex it may take a few days but be assured that you will be kept updated on a regular basis until your problem has been investigated fully.
If you are not happy with the response you should then raise the matter further.
If you are still not satisfied:
Please write to our Customer Services Department giving an outline of your complaint. We assure you that every effort will be made to agree a fair and reasonable resolution with you. Please write to the following address:
PAYDAQ Ltd. Customer Service Department, Docklands Innovation Park, 128-130 East Wall Road, Dublin 3. Ireland.
If you want to take the matter further:
If you are still not satisfied, having referred your complaint to our Customer Services Department you may refer the matter to the Financial Services Ombudsman for arbitration. The Ombudsman will only become involved after the matter has been processed through PAYDAQ's internal complaint procedures so it is important that you firstly give PAYDAQ the opportunity to resolve your problem.
The Ombudsman's services are available free of charge to customers. The Ombudsman's contact details are:
Financial Services Ombudsman (Banking Division),
3rd Floor, Lincoln House, Lincoln Place, Dublin 2
Lo Call: 1890 88 20 90
Tel: +3531 6620899
Fax: +3531 6620890
Privacy Policy
To view PAYDAQ's privacy policy please
click here.
3. Service
3.1. PAYDAQ is a money transmission business and is authorised and regulated by the
Financial Regulator in Ireland. You acknowledge that (i) PAYDAQ is not a bank; (ii) Accounts are not insured by any government agency; (iii) PAYDAQ does not act as a trustee, fiduciary or escrow holder in respect of funds awaiting instruction in your Account; and (iv) PAYDAQ does not pay you interest on any funds awaiting instruction in your Account.
3.2. Although you are not required to keep a balance of funds awaiting instruction in your Account, if you do have a balance in your Account, funds representing that balance are segregated and pooled with funds representing the balances of other Users in an account held by PAYDAQ. Any interest earned on the pooled account will be the property of PAYDAQ.
4. Eligibility
4.1. In order to use the Service, you must (i) be at least 18 years of age and of the age of majority in your country of residence; (ii) open an Account in accordance with the instructions set out on the registration page of our Website; (iii) not be in default of any Terms of Use or otherwise have had access limited to your Account, or have had your Account closed by us; and (iv) not be a resident of any country to which PAYDAQ does not provide the Service from time to time as set out in the Non-Serviced Country list referred to in section 2.2. You may not open more than one Account and we may close any or all of the Accounts of a User who has, or who we reasonably suspect has, multiple Accounts.
5. Users
5.1. To become a User, you must open an Account by completing all requested information set out on the registration page of our Website, including acceptance of these Terms of Use. A User must maintain an active address, phone number and email address to become and remain a User. You will not provide any false, inaccurate, incomplete or misleading information. You will not provide any name, bank account or credit card that you are not legally authorised to use. You will promptly update your Account details on the Website if your name, address, email address, phone number, credit card or bank account information changes. You will not be able to use the Service until you have passed our identity and security validation and verification checks.
6. Account Activity
6.1. By opening an Account, you will be able to, subject to payment of any applicable Fees and compliance with these Terms of Use: (i) transfer from your bank account, money to be credited to your Account so that you may make transfers to, and request / receive transfers from, friends and family or other Users; and (ii) withdraw available money (funds awaiting instruction) from your Account.
6.2.
Adding to your Account: In order to add money to your Account, you may choose from one or more payment options available to you depending on your country of residence. You must also complete the information requested, including passing all identity and security validation and verification checks. You authorise us to obtain or receive funds on your behalf from your chosen payment source, plus applicable Fees, and then credit your Account.
6.3.
Transfers: You may make transfers by completing the information on the "Send Money" screen of our Website. You authorise us to debit from your Account any applicable Fees at the time of any transfer. When making transfers, you may not designate an amount in excess of the funds awaiting instruction in your Account at the time the request is made plus the applicable Fees. If you attempt to do so, your transfer request will be denied. The amount of any transfer received will be credited to your Account balance, less any applicable Fees. If a transfer credited to your Account is reversed by the sender prior to you transferring or redeeming any part of it, the amount of the transfer will be returned to the sender and no Fees will be owed by you.
6.4.
Redemption: You may redeem at par all or a portion of the funds awaiting instruction in your Account (excluding amounts that have not cleared your financial institution). You will be able to redeem any uncleared amounts once they clear. We will process the redemption request immediately provided all identity and security validation and verification checks are successfully completed, which we will conduct as soon as reasonably practicable. Depending on the method of redemption you choose, a Fee may be applicable which will be deducted from the funds awaiting instruction in your Account prior to redemption. You may not redeem funds less than the applicable Fee. We will take reasonable steps to ensure that redeemed funds are received by you within five (5) business days of the redemption request. However, we shall not be liable for delays in the redemption of funds where those delays are caused by any third party involved in the redemption.
6.5. You acknowledge that certain of our money transfer and redemption options require different types of identity and security validation and verification checks, including use of third party validation and verification systems, and you agree to submit to such identity and security validation and verification checks if you choose such options. You also acknowledge that certain of our money transfer and redemption options impose certain minimum and maximum limits and these are indicated when you view the various options on the applicable webpage on our Website.
7. Fees
7.1. You are responsible for the payment of all applicable Fees. Fees are indicated on the applicable web page or prior to your completing a transaction. If you are unclear as to any applicable Fee, Please review our fees on
www.paydaq.com/fees.asp prior to completing any transaction. All Fees are due immediately and are subject to change at any time.
8. Chargeback's
8.1. You agree that you will not charge back any transfer of money that you have made with your credit card and that has been credited to your Account. Without limiting our rights or remedies, if you do cancel or charge back your credit card in such circumstances, you are responsible for refunding the payment. We may, at our discretion, recover the amount of the charge back by reducing your Account balance, re-charging your credit card for the amount of the charge-back or otherwise collecting such amount from you.
9. Other User Obligations
9.1. You are prohibited from engaging in any of the following:
(i) using the Service to obtain a cash advance from your credit card (or assisting others in such activity);
(ii) using the Service for any purpose contrary to laws, statutes or regulations applicable to you, including without limitation, those concerning money laundering, fraud, criminal activity, financial services or consumer protection;
(iii) sending unsolicited email or similar methods of mass messaging (spam); and
(iv) tampering, hacking, modifying, damaging, interfering with or otherwise corrupting the security or functionality of the Service, or attempting to do any of the foregoing.
9.2. It is your responsibility to keep your Account identification, secure identification, password, security questions and answers and other information specific to your Account confidential and in a safe and secure place. Should another person gain access to your Account by passing all identification and security validation and verification checks, we are entitled to treat any transaction conducted by that person as valid and authorised by you and are not responsible for any loss or damage you may incur as a result.
9.3. You are fully responsible for any goods or services bought or sold by you that are settled through your use of the Service.
9.4. You are fully responsible for the instructions you give PAYDAQ.
9.5. You acknowledge and agree that all transfers or withdrawals into or out of your Account are final and not reversible. PAYDAQ cannot arrange for your Account to be refunded where you believe the transfer or withdrawal was made in error.
9.6. You acknowledge that your intended recipient of a transfer is not required to accept the transfer. If an intended recipient declines a transfer, your Account will be re-credited with the amount of the transfer and applicable fees will be charged.
10. Privacy
10.1. Our Privacy Policy forms part of these Terms of Use and we would ask you to review the policy referred to in section 2.2 hereof prior to agreeing to these Terms of Use.
10.2. You acknowledge and accept that: (i) when speaking to customer service agents at PAYDAQ, your call may be monitored and/or recorded for quality assurance purposes, security and fraud detection purposes; (ii) for fraud and security purposes your records are kept by PAYDAQ even after your Account is closed; and (iii) for identity validation and verification purposes, the following information may be provided to third parties to or from whom you transfer funds: name, Account number, jurisdiction, postal code, Email address, and/or IP address.
10.3. You will choose a password and account e-mail login upon registering with us. You are responsible for maintaining the confidentiality of your password and account e-mail login, and are fully responsible to us for all activities that occur under your password or account e-mail login. You agree to immediately notify us by contacting us at security@paydaq.com of any unauthorized use of your password or account e-mail login or any other breach of security. Once you have told us that there has been an unauthorized use of your password or account e-mail login, we will take immediate steps to try to prevent these from being used. Subject to our taking such steps, we are not liable for any loss or damage arising from your failure to comply with your obligation under this clause 10.3. You may have a right against your card issuer to have sums refunded or recredited to you if fraudulent use is made of your bank card.
11. Limiting Access or Closing your Account
11.1. At our discretion, we may limit access to your Account (including without limitation, placing a hold on funds in your Account, limiting your ability to send or redeem, transfer or withdraw money from your Account, limiting your payment sources) or close your Account, at any time and for any reason, including but not limited to the following:
(a) breach of any of these Terms of Use;
(b) if we have reasonable grounds to believe that your Account has been used in connection with unauthorised or unusual credit card or bank account use, including without limitation, notice of same by your bank or credit card issuer;
(c) abuse by you of the reversal or charge back process provided by your bank or credit card company;
(d) receipt in your Account of potentially fraudulent funds;
(e) refusal to cooperate in an investigation or to provide adequate confirmation of identity or other identity or security information when requested;
(f) initiation of transactions that may be considered to be cash advances or assisting in cash advances;
(g) your Account has been used or allegedly used in or to facilitate fraudulent or other illegal activity;
(h) return of a payment for insufficient funds in the bank account;
(i) we believe that your Account or activities pose a security, credit or fraud risk to us; and
(j) to comply with money laundering or terrorist financing investigations conducted by government authorities, agencies or commissions.
11.2. If we close your Account, we will notify you first either by phone or email according to the most recent phone number or email address with which you have provided us, and pay to you any unrestricted or undisputed funds in your Account (being funds not involved or otherwise connected with the circumstance giving rise to the limitation or closure).
11.3. If you do not access your Account for a period of two (2) years, it will be closed. After closure, we will notify you at the last address you provided to try to send you any funds in redemption of the funds awaiting instruction in your Account. If that information is not correct and we are unable to complete the payment to you, the money credited to your Account will be forfeited as of 2 months following the date your Account is closed.
12. Warranties, Liabilities and Disclaimers
12.1. PAYDAQ reserves the right to validate and verify any of the information you provide.
12.2. Without limiting section 6, PAYDAQ shall make reasonable efforts to ensure that requests for debits and credits involving bank accounts and cheque issuances are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the processing will be completed. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or your local mail service. We make no representations or warranties as to continuous, uninterrupted or secure access to the Service, which may be affected by factors outside our control, or may be subject to periodic testing, repair, upgrade or maintenance.
12.3. We assume that prior to opening your Account, you have determined that opening and maintaining your Account does not violate any law or regulations in your country of residence and jurisdiction. You warrant that you are not violating any laws or regulations by your use of the Service and you agree to indemnify PAYDAQ, its affiliates, subsidiaries, agents and subcontractors, from and against any and all liability that might arise from your use of the Service in violation of any law or regulation.
12.4. We make no express warranties to you with respect to the Service except as set out in these terms of use, and all implied and statutory warranties, including without limitation any warranty of fitness for a particular purpose are hereby expressly disclaimed except where implied or statutory warranties cannot be disclaimed by applicable law.
12.5. Neither PAYDAQ nor any of its affiliates, subsidiaries, agents or subcontractors shall be responsible for any claim, loss or damage suffered or incurred by you or any third party unless it has been caused as a direct result of our negligence or wilful misconduct; provided that under no circumstances shall PAYDAQ, its affiliates, subsidiaries, agents or subcontractors be liable for any claim, loss or damage caused or alleged to be caused by any of the following:
(a) errors made by you or any other User in sending or receiving transfers or withdrawals, such as making a transfer to an unintended person or transferring an incorrect amount;
(b) use of your Account by another person who passes all identity and security validation and verification checks;
(c) any fraud or misrepresentation made by a User, even if the User passes all identity and security validation and verification checks;
(d) errors or omissions in our Website content;
(e) misuse or inability to use our Website, whether due to reasons within our control or not;
(f) delays, losses, errors or omissions caused by the failure, interruption, infiltration or corruption of any hardware, software or other telecommunications or data transmission system;
(g) interception or seizure compelled by law; and
(h) circumstances beyond our reasonable control.
12.6. In no event shall PAYDAQ, its affiliates, subsidiaries, agents or subcontractors be liable to you or any third party for any indirect, special, consequential, punitive or incidental damages, whether based on negligence, wilful misconduct, tort, contract (including without limitation fundamental breach or breach of a fundamental term) or any other theory of law.
12.7. We disclaim any and all liability for any goods or services bought or sold by you that are settled through your use of the Service.
12.8. You agree to indemnify PAYDAQ, its affiliates, subsidiaries, agents and subcontractors from and against any and all claims brought by third parties against PAYDAQ, its affiliates, subsidiaries, agents or subcontractors relating to your use of the Service in respect of all claims, losses, damages, expenses and liabilities whatsoever suffered or incurred by PAYDAQ, its affiliates, subsidiaries, agents or subcontractors as a result of your breach of these Terms of Use.
12.9. PAYDAQ retains all right, title, and interest in and to all trademarks, tradenames, logos, website designs, text, content and graphics, and any use, reproduction, modification, distribution by you is prohibited.
13. Complaints Procedure
13.1. The Financial Ombudsman Service applies to services offered by PAYDAQ. Customers may refer eligible complaints to the Financial Ombudsman if a matter cannot be resolved in accordance with PAYDAQ's internal complaint handling procedures. We refer you to the PAYDAQ complaints procedure referred to in section 2.2 hereof for any complaint or dispute you may have concerning your Account.
13.2. You agree to waive any right you may have to commence or participate in any class action suit or proceeding against PAYDAQ, its affiliates, subsidiaries, agents and subcontractors arising out of or relating to any dispute, claim or error and you also agree to opt out of any class proceedings against us.
14. General
14.1. PAYDAQ may engage the services of one or more affiliates, subsidiaries, agents or subcontractors in order to fulfil its obligations.
14.2. These Terms of Use shall be governed by the laws of Ireland. All disputes arising out of or relating to these Terms of Use shall be resolved by the Irish Courts, except where European Union legislation requires a specific dispute to be resolved by the courts of another jurisdiction.
14.3. We may send communications and notices to you at the email address or postal address you provided to us during the registration process (or as updated subsequently by you). Any and all communications and notices by either party under these Terms of Use by email shall be deemed given on the day the email is sent, unless the sending party receives an electronic indication that the email was not delivered; and if by mail, shall be deemed given ten (10) business days after the date of mailing.
14.4. These Terms of Use are subject to amendment, modification or deletion if required by, or found to be in conflict with, applicable law or regulation, without affecting the validity or enforceability of the remaining terms and conditions. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace any and all prior agreements. In the event of inconsistency between this version of the Terms of Use and the version online at www.paydaq.com, the online version will prevail.
14.5. Our failure to exercise or enforce any right under these Terms of Use shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
14.6. The rights and remedies available to PAYDAQ in these Terms of Use are cumulative and are in addition to any other right or remedy available to PAYDAQ at law or in equity.
14.7. You may not transfer, assign, subcontract or delegate your rights, duties or obligations under these Terms of Use. We reserve the right to transfer and assign these Terms of Use, or any rights or obligations hereunder, without your consent.
14.8. These Terms of Use are available in a number of different European languages; all versions are legally binding but in the event of any inconsistency between the English Language version and a translated version, the English Language version will prevail.
14.9. In the event any one or more of the provisions of these Terms of Use shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.
14.10. PAYDAQ has the right at any time to suspend or terminate the Services provided it refunds any balance of funds awaiting instruction. PAYDAQ will notify you at the last address you provided to try to send you any funds in redemption of the funds awaiting instruction in your Account. If that information is not correct and we are unable to complete the payment to you, the funds awaiting instruction in your Account will be forfeited as of 2 months following the date the service is terminated.