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TESCO INTERNATIONAL MONEY TRANSFER SERVICE TERMS AND CONDITIONS

Please read these terms and conditions carefully as they affect your rights and liabilities under the law and set out the terms under which the Tesco International Money Transfer service is made available to you.

The Tesco International Money Transfer Service (as described in clauses 1 and 4 below) is provided by M Cashback UK Ltd ("M-Cash"). By using the Tesco International Money Transfer Service you will be entering into a contract directly with M-Cash. The Money Transfer Service is offered through Tesco Stores Ltd ("Tesco") as an authorised agent of M-Cash. M-Cash is authorised by the Financial Services Authority and HM Revenue & Customs to offer money transfer services.

If you use the Tesco International Money Transfer Service you are making a contract on the terms and conditions set out below with M-Cash each time that you initiate a money transfer transaction ("Transaction"). For the avoidance of doubt, as Tesco are our sales agent, you are not entering into a contract with Tesco. Tesco is in no way liable to you for any loss you suffer due to your use of the Tesco International Money Transfer Service save any loss or damage to you or your property due to the negligence of Tesco.

1 TESCO INTERNATIONAL MONEY TRANSFER SERVICE

The Tesco International Money Transfer Service is available at participating Tesco stores worldwide. For a list of available destination countries and participating stores please visit Tesco.com or call Customer Services on 0800 505 555. (Calls from BT lines are free. Other providers and mobile phone calls may vary. Calls may be recorded.)

Each participating Tesco store can vary its store opening times and vary the hours of operating the Tesco International Money Transfer Service. Please see in store for details.

The Tesco International Money Transfer Service is a service offered by M-Cash to you for the transfer of currency from one destination to another for collection by your specified recipient subject to these terms and conditions.

Transactions sent from Tesco stores and received by Tesco stores for cash collections are usually available within minutes but may take a maximum of 2 working days for collection by the receiver, subject to store opening times in the receiver's location.

Transactions sent to bank accounts will normally be available within two to five working days, but please allow up to seven working days for transactions to clear into bank accounts.

Transactions for cash collection in stores will normally be paid in cash in the prevailing currency of the destination Tesco store, subject to availability. Foreign exchange will take place in accordance with clause 4 below. The recipient must register with Tesco and M-Cash to receive Transactions and may be required to show photo identification before any payments can be made.

2 SEND LIMITATIONS AND YOUR RESPONSIBILITIES

Transactions will be limited to a maximum send amount of £750 per customer for any single transaction or series of transactions over a seven day period. This maximum send limit may change from time to time and without advance notice.

You acknowledge and agree that:

(a) you will not use the Tesco International Money Transfer Service for any unlawful purpose;

(b) you are responsible for keeping the unique reference number, which can be found on your receipt, relating to your Transaction secure;

(c) You are responsible for providing the correct data which we will rely on to complete your Transaction.

3 TRANSFER FEES

Tesco International Money Transfer Service fees are displayed in each participating Tesco store ("Transfer Fee"). M-Cash provides one Transfer Fee for each individual Transaction up to the value of £750.

Transfer Fees may change from time to time and without advance notice. Changes will be displayed in each participating Tesco store and you shall be notified of the Transaction Fee prior to each Transaction.

4 FOREIGN EXCHANGE

All Transactions will be made in the prevailing currency of the destination country. A foreign exchange will be made in the UK prior to the currency being sent to the destination country.

The indicative foreign currency exchange rate will be notified to you at the time of purchase. The foreign currency exchange rate may change throughout the day and should be used as a guide only as it may not be the actual rate applied to the Transaction initiated.

If there is a difference between the foreign currency exchange rate quoted and offered to you and the foreign currency exchange rate obtained by M-Cash, this difference will be retained by M-Cash in addition to the Transfer Fee.

5 SENDER NOTIFICATION AND REMOVAL

Transactions sent to stores for cash collection that are not collected by the receiver within 13 months of the Transaction will be removed from M-Cash's money transfer system. Reactivation of a Transaction can only be made by you the sender on the provision of valid transaction details as shown on your receipt for the purchase of the Tesco International Money Transfer Service.

If for any reason the receiver is unable to collect a Transaction sent to a store for cash collections or they provide the incorrect unique reference number for the Transaction, M-Cash will only accept customer services enquiries and confirmation of confidential Transaction information from you, the sender. For this and all other enquiries you can contact Customer Services on 0800 505 555 or the Tesco store where you initiated the Transaction.

6REFUND POLICY

For Transactions sent to a store for cash collections, where your Transaction has been removed from M-Cash's money transfer system, M-Cash will issue refunds of the principal amount in the prevailing currency of the initiating Tesco store. Refunds may be subject to the applicable foreign currency exchange rate at the time the refund is made and in some circumstances you may receive less than the principal amount depending on changes in the foreign currency exchange rate.

Subject to clause 7 below ("Our Liability"), M-Cash will not normally refund the Transfer Fee. Refunds of the Transfer Fee may be made at M-Cash's discretion where requests are made in writing. For transactions sent to a store for cash collection, you will be required to attend the Tesco store where you initiated the Tesco International Money Transfer Service and provide proof of purchase in the form of a valid till receipt, your Money Transfer Purchase Receipt, your Tesco Clubcard details (if applicable), photo identification and up to date proof of address.

Refunds for Transactions sent to bank accounts are not normally made. Where Refunds are requested for Transactions sent to bank accounts, they will be subject to verification of correct destination bank account data and the correct receiver's details being provided. Requests for refunds for Transactions sent to bank accounts can be made by calling the Customer Services helpline where a Transaction search will be initiated. Where Refunds are approved because of an error by M-Cash, Tesco or our third party providers, these Refunds will be subject to clause 7 below ("Our Liability") and Refunds will normally be made in the Tesco store where you initiated the Tesco International Money Transfer service.

All requests for Refunds are subject to M-Cash's customer complaints policies which are available on request by calling the customer helpline or by writing to M-Cash.

7 OUR LIABILITY

M-Cash endeavours to take all reasonable care when providing the Tesco International Money Transfer Service to you.

If M-Cash fails to complete your Transaction within seven working days, or such other reasonable period as applicable in the circumstances, you will be entitled to a refund of the principal amount of your Transaction, your transfer fee and any foreign currency exchange rate benefit retained by M-Cash in accordance with clause 4 above. Such refunds will be made within 30 days from the date of confirmation that M-Cash has failed to complete a Transaction on your behalf. Nothing in this clause 7 affects your statutory rights. For example, if M-Cash fails to complete your Transaction within a reasonable time, you may have the right to receive a refund or compensation under laws relating to the provision of international money transfers.

In no event shall M-Cash be liable for damages for delay, non-delivery, non-payment, under-payment, or without limitation any other event relating to your Transaction, whether due to the fault, error or omission of M-Cash, for more than the principal amount of your Transaction, the Transfer Fee and any foreign currency exchange rate benefit, except as otherwise provided by law or as otherwise agreed in writing.

In no circumstances shall M-Cash be responsible for any losses or damages which are not foreseeable consequences of a breach of these terms and conditions or any failure to complete Transactions either within a reasonable time or at any time.

M-Cash does not accept responsibility for any failure to perform your instructions as a result of circumstances which could reasonably be considered to be outside the reasonable control of M-Cash.

For Transactions to Bank Accounts, where you request a Transaction search to be conducted to validate failed transfers or to request a refund, M-Cash reserves the right to recover charges and fees levied by third parties to trace Transactions unless M-Cash, Tesco or our third party providers are responsible for the transaction failing to complete.

You the sender agree to accept the above limitation of liability not only for yourself, but also on behalf of the receiver.

In order to comply with domestic and international laws, M-Cash may be required to screen all Transactions against a list of names provided by various governments and/or government agencies. If a potential match is found, M-Cash will suspend the Transaction and request additional information on either the sender or receiver, as necessary.

Upon satisfactory review, your Transaction will be released for collection. M-Cash reserves the right not to accept, process or pay any Transaction that it determines in its sole discretion may violate any applicable law.

8 DATA PROTECTION

M-Cash is committed to protecting and respecting your privacy. Any personal data supplied by you for use of the service is held by M-Cash (as the Data Controller) in accordance with the Data Protection Act 1998 (the ‘Act').

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. By submitting your personal data, you agree to this transfer, storing or processing. M Cash will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this clause.

We may disclose your personal information to third parties if we are under a duty to disclose or share your personal data in order to comply with any legal obligation; or to protect the rights, property, or safety of Tesco or M Cash, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. Your information may also be passed to and used by all Tesco companies for marketing purposes.

The Act gives you the right to access information held about you subject to a fee of £10. To obtain a copy of the personal information M-Cash holds about you, please write with full details to M-Cashback UK Limited at East Lodge, Leylands Farm, Nobbs Crook, Colden Common, Winchester, SO21 1TH enclosing your cheque or postal order for £10 payable to [M Cashback UK Limited].

9 GENERAL

You may not transfer any of your rights under these terms and conditions to any other person. M-Cash may transfer its rights under these terms and conditions to another business where it reasonably believes your rights will not be affected.

If you breach these terms and conditions and M-Cash chooses to ignore this, it will still be entitled to use its rights and remedies at a later date or in any other situation where you breach these terms and conditions.

These terms and conditions are subject to English law. M-Cash will try to resolve any disagreements quickly and efficiently. If you are not happy with the way any disagreement is dealt with and you want to take court proceedings, you must do so in England, Scotland, Wales or Northern Ireland.

These terms and conditions are drafted in the English language. If these terms and conditions are translated into any other language, the English language text shall prevail over the translated text in the event of any inconsistencies or conflict. All correspondence given under or in connection with these terms and conditions between you and M-Cash shall be in the English language.

10 CUSTOMER SERVICES AND CUSTOMER COMPLAINTS

If you have any queries, please call Customer Services on 0800 505 555.

If you are unhappy in any way with the service or services we have provided, any complaints you have will be dealt with quickly and fairly in accordance with M-Cash's written customer complaints procedures which are available on request by calling the customer helpline.

If you write to M-Cash with any complaints you wish to make about a transaction and your complaint is not fully and finally resolved to your satisfaction within 8 weeks of when you first write to M-Cash, you can take unresolved complaints to the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR. Telephone: 0845 080 1800 or +44 (0)20 7964 1000 (for calls from outside the UK).

The Tesco International Money Transfer service is provided by M Cashback UK Ltd, a company registered in England whose registered office is at East Lodge, Leylands Farm, Nobbs Crook, Colden Common, Winchester, SO21 1TH. M Cashback UK Ltd is authorised by the Financial Services Authority to provide money remittance services (registration number 504349). The service is offered through Tesco as an authorised agent of M-Cash. Tesco is a company registered in England whose registered office is at Tesco House, Delamare Road, Cheshunt, Hertfordshire, EN8 9SL.

 

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