Terms and conditions

Terms and Conditions These terms and conditions apply from 01 November 2019. 1. GENERAL PROVISIONS These terms and conditions apply to personal who use money transfer service by Gyals Credit NBFI LLC through the SENDLY mobile app. In this Agreement, “we”, “us” or “our” means Gyals Credit NBFI LLC. By opening, registering, or using the Services, you agree to be bound by this User Agreement and consent to receive communications related to our services. You also agree to comply with Our privacy policy, which sets the terms that how we use your personal information collected from you or that provided by us. 2. DEFINITIONS In these Terms and Conditions: a. “App” means the mobile application software, the data supplied with the software and the associated media. b. “Money Transfer” means an electronic money transfer using our Services, either within the same country or to another country; c. “Recipient amount” means the amount paid in MNT to you or a Recipient, exclusive of the Service Fee and/or any other fees, charges or costs we reasonably incur. d. “Request” means your request for a Transfer communicated to us when, if you are instructing us online, you confirm your order online. e. “Reversal Transaction” means the transaction we may enter into in the system in terms which are the reverse of any Transfer not yet completed. f. “Sender” means someone who sends us money to hold to your order; g. “SENDLY Account” means the account you have opened with us under the terms of this Agreement. h. “Services” means all products, services, content, features, technologies or functions offered by us and all related websites, applications (including the App), and services. i. “Source Currency” means the currency which you hold and/or fund your payment order with. j. “Target Currency” means the currency which your recipient will receive. k. "Transaction" means the transfer of money using our Services, as the case may be. l. "Transaction Amount" means the amount of money that a Sender wishes to send to you; m. “Transaction Fee” means our fee described as such on our Website and from time to time. n. "Transaction Statement" means the record of your Transactions which are accessible through our mobile app. o. “Website” means any webpage, including but not limited to www.sendly.mn, where we provide the Services to you. 3. ELIGIBILITY FOR THE SERVICE 3.1 You must be 18(eighteen) years or over. If you are an individual, you must be 18 (eighteen) years or older to use our Services and you declare that you are 18 (eighteen) years or older. We may ask you at any time to show proof of your age. 3.2 You must have a valid bank account (not included a credit card account) to link with the SENDLY App and the recipient must have a bank account (not included a credit card account) in any Mongolian commercial banks. 3.3 Your residing country must be the SENDLY money transfer service available. Currently, the Service is available to residents of the United States only. 3.4 You must have a bank account (either savings or checking) at any bank in Annex 1. 4. GETTING STARTED 4.1 To provide you our Services, you need to open a SENDLY account on our mobile app. We must collect certain information about you and any individuals you appoint as a recipient for your money transfer. You need to register with your active email address. To verify your email address, you will receive an Email verification code in your inbox. Please enter a memorable password which must be above 8 digits and must contain 1 uppercase letter, 1 specific character. 4.2 By using our services, you confirm that all data provided by you is accurate. We need this to verify your identity and ensure we meet our regulatory obligations. We may also need to update this information during the term of this Agreement. If you do not give us this information or we are not satisfied with it, we may not be able to provide any services to you. 4.3 One account per person. You may only open one SENDLY Account unless we have agreed in writing the opening of additional accounts. SENDLY may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, we may close or suspend one of these duplicate accounts at our sole discretion. 4.4 Due to the origination country of your transfer, our Services have different limitations for each jurisdiction. Please find the transaction limit for your jurisdiction from Annex 2. 5. LINKING THE BANK ACCOUNT OR DEBIT CARD TO YOUR SENDLY ACCOUNT 5.1 To link your bank account or debit card with our mobile app, your account or debit card must be in accordance with the transaction origination country’s national currency. (For example, if the transaction originated from the USA, your account currency must be the USD.) 5.2 The commercial bank accounts (must be under the sender name, either savings or checking) mentioned in Annex 1 of this Agreement are available to link with your SENDLY account. We provide our Services through our secure connecting service. 5.3 You are allowed to remove, add, or delete your bank accounts at any time. However, our SENDLY mobile app allows you to link up to 5 (five) accounts with us to maintain your information safety. 6. SENDING MONEY 6.1 Your money transfer through our SENDLY mobile app will be delivered to the recipient in MNT (Mongolian National Currency) regardless of the source currency. The money transfer is made between bank accounts. 6.2 You are required to enter the relationship with the recipient and the purpose of your money transfer to comply with local and international Anti-money laundering law, Law on combating the terrorism financing and all other applicable laws and regulations. 6.3 Required additional verification documentation, the proof of income, identification document or passport, or identity verifying documents may differ due to the sender’s residing country. Currently, our Services are available in the USA only. 6.4 Sender is required to review all the transactions before processing transactions. Our mobile app has the Transaction review screen for your convenience. Make sure all the information you entered is correct. 6.5 Your transaction statement on your SENDLY account is shown as the total amount of the transaction amount and the transaction fee. Once you click the transaction, you are provided with transaction details. Your transaction invoice and notifications are sent to your registered email address. 6.6 You need to provide us with sufficient funds before we can process your money transfer. We will only process your money transfer if we hold or have received sufficient funds in your Bank Account. It is your responsibility to keep your fund sufficient in a timely manner. We cannot be responsible for the time it takes for the money to be sent to us by your bank or payment service provider. 6.7 Verification checks may increase the time for processing your money transfer. We carry out verification checks, and these checks may increase the time it takes to process your money transfer. We cannot be responsible for any delays as a result of carrying out those checks. 6.8 Completion time of your money transfer. The estimated completion time of your money transfer differs from the origination country. You may also find further information about the completion time in the Help section on our mobile app. 6.9 We will use reasonable efforts to ensure that the funds arrive in the recipient’s bank account within the timelines notified to you or otherwise specified in our Help section. We do not have any control over the time it may take for the recipient’s bank or payment provider to credit and make available funds to the recipient. 6.10 Refusal of your money transfer. If we are unable to complete your money transfer, we will let you know and, if possible, the reasons for the refusal and an explanation of how to correct any factual errors. However, we are not required to notify you if such notification would be unlawful. 6.11 You may cancel your payment order before your funds are delivered. You may cancel your payment order by contacting our customer support team. You cannot cancel your payment order if the transaction has paid out. 7. RECEIVING MONEY 7.1 You need to confirm that all recipient data provided by you is accurate. By entering the recipient bank details, you agree that all the information you entered is correct. 7.2 Our services are available to send the fund from the USA to Mongolia. Your recipient required to have a bank account in any commercial bank in Mongolia. 7.3 SENDLY mobile app allows you to register up to 10 recipients on your list. You can remove, add or delete the recipients at any time. 8. PAYING FOR THE SERVICE 8.1 You must pay our fees. You must pay the fees in connection with the use of our Services. We will add the fees to the transaction amount. A Transaction fee will be the same as the source currency. 8.2 The Transaction fee rate may differ from the origination country. Please see Annex 3 of this Agreement for detailed fee information. Other taxes and costs may exist that are not paid through us or imposed by us. 9. EXCHANGE RATE 9.1 The applicable exchange rate. We will let you know the exchange rate when you create your money transfer transaction. 9.2 Except as specified differently, when we refer to an exchange rate in this Agreement, it means the market exchange rate at the relevant currency pair (for example, USD to MNT, AUD to MNT, GBP to MNT) as provided our reference rate provider. We may change our reference rate provider from time to time without notice to you. For some currencies, we cannot use the market exchange rate as we are required to use a different reference rate for the exchange rate for your currency pair. 10. TRANSACTION RETURN, REFUNDS 10.1 Transaction return and refund policy may differ based on the origination country, remitting bank/company, clearing bank/company, paying bank/company. To find out more information about your money transfer transaction created on our mobile app, please contact our customer service. 10.2 You can cancel the transaction within 1 minutes of its creation. However, if you want to cancel your transaction after 1 minutes has crossed please contact our customer service by email at contact@gcredit.mn, or by phone (+976) 70127700. Please note that if the fund has paid out, you cannot cancel the transaction. 10.3 If the money transfer transaction has been canceled due to the sender’s inaccurate information or misconduct, your Transaction fee will not be refunded. 11. INFORMATION SECURITY 11.1 You are responsible for configuring your information technology, computer programs, and platform to access our Services. You should use your own virus protection software. We cannot guarantee that our Services will be free from bugs or viruses. 11.2 You must not misuse our Services. You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorized access to our mobile app, our Website, our servers, computers or databases. You must not attack our mobile app, our Website with any type of denial of service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our mobile app, our Website and/or our Services will cease immediately. 12. RESPONSIBILITIES 12.1 You must ensure the information you provide to us is correct. You must make sure that the information you provide when setting up a transaction is accurate. If we have processed your transaction in accordance with the information you have provided to us it will be considered correctly completed even if you have made a mistake. 12.2 If you provide incorrect information with your transaction, we will use reasonable efforts to recover the funds for you, and may need to charge you a fee for that. 12.3 We are responsible to you for foreseeable loss and damage caused by us. If we do not reasonably meet our commitments to you, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. We consider following events as a not foreseeable: (a) Emergency due to community riot events, sudden energy blackout, rapid growing infectious diseases, terrorist attacks, etc. (b) Force majeure refers to natural disasters such as fire, flood, earthquake, windstorm, etc. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during your account sign up process. 12.4 We are not liable for business losses. If you use our Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 12.5 We are not liable for technological attacks. We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programs, data or other proprietary material related to your use of our Services. 12.6 Our liability to you for unauthorised payments or our mistake. In case of an unauthorised payment or mistake due to our error, we shall at your request immediately refund the payment amount including all fees deducted by us. This shall not apply: (a) where your SENDLY Account, or its personalised security features, are lost, stolen or misappropriated. You will be liable for any unauthorised payments if we believe you should have been aware of the loss, theft or unauthorised use. (b) if you have acted fraudulently, in which case we will not refund you in any circumstances; (c) if you do not quickly notify us of security issues on your SENDLY Account (e.g. loss of your password), you remain liable for losses incurred up to your notification to us; (e) if you don’t let us know about the unauthorised or incorrectly completed transaction within 30 business days from the date of the payment transaction. 12.7 You are responsible for checking your SENDLY Account regularly. We rely on you to regularly check the transactions statement of your SENDLY Account and to contact Customer Service immediately in case you have any questions or concerns. 12.8 We are not liable for things which are outside of our control. We (and our affiliates) cannot be liable for our inability to deliver or delay as a result of things which are outside our control. 12.9 You are liable for breaking this Agreement or applicable laws. In the unlikely event of loss or claims or costs and expenses arising out of your breach of this Agreement, any applicable law or regulation and/or your use of our Services, you agree to compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends. 12.10 While we are offering our Services to you, we are liable for maintaining our system security and its real-time 24/7 continuous operation. 13. ACCESSING OUR SERVICES 13.1 We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Services. If you have granted permission to a third party to access your account, we may refuse access to that third party if we are concerned about unauthorised or fraudulent access by that third party. We will give you notice if we do this, either before or immediately after we refuse access, unless notifying you would be unlawful or compromise our reasonable security measures. 14. INTELLECTUAL PROPERTY RIGHTS 14.1 While you are using our Services, you may use the SENDLY Materials only for your personal use and solely as necessary in relation to those Services. 14.2 "SENDLY Materials" include any software (including without limitation the App, the API, developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you, or available for download from our Website or mobile app. You may not, and may not attempt to, directly or indirectly: transfer, sublicense, sell, assign, lease, rent, distribute or grant rights in the Service or the SENDLY Materials to any person or entity; remove, obscure, or alter any notice of any of our trade marks, or other "intellectual property" appearing on or contained within the Services or on any SENDLY Materials;or modify, copy, tamper with or otherwise create derivative works of any software included in the SENLDY Materials; 15. ENDING THIS AGREEMENT OR SUSPEND OUR SERVICES 15.1 We may end this Agreement by giving you one-month notice. We may end this Agreement and close your SENDLY Account or any service associated with it by giving you one months’ prior notice. 15.2 We may suspend or close your SENDLY Account without notice in certain circumstances. We may at any time suspend or close your SENDLY Account and/or end this Agreement without notice if: (a) you breach any provision of this Agreement or documents referred to in this Agreement; (b) we are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency; (c) we have reason to believe you are in breach of any applicable law or regulation; or (d) we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity. 15.3 We may suspend your SENDLY Account for security reasons. We may suspend your SENDLY Account or restrict its functionality if we have reasonable concerns about the security of your account. 15.4 We will give you notice of suspension where possible. We will give you notice of any suspension or restriction and the reasons for such suspension or restriction as soon as we can, either before the suspension or restriction is put in place, or immediately after, unless notifying you would be unlawful or compromise our reasonable security measures. We will lift the suspension and/or restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist. 15.5 You cannot use the App if this Agreement ends. Upon termination for any reason all rights granted to you in connection with the App shall cease, you must immediately delete or remove the App from your devices. 16. OUR RIGHT TO MAKE CHANGES 16.1 Any changes we may make to this Agreement in the future will be updated on our mobile app, and where appropriate notified to you by email. We encourage you to periodically review the privacy policy for the latest information. If, however, we plan to make a material change in the way we collect, use, or store your personal information, we will provide prior notice by email. 17. COMMUNICATIONS 17.1 We usually contact you via email. For this purpose, you must at all times maintain valid email address in your SENLDY Account profile. You should check for incoming messages regularly and frequently; these emails may contain links to further communication on our mobile app. If you don’t maintain or check your email and other methods of communications, you will miss emails about your transactions and our Services. We cannot be liable for any consequence or loss if you don’t do this. If we have reasonable concerns either about the security of your SENDLY Account, or any suspected or actual fraudulent use of your SENDLY Account, we will contact you via telephone, email, or both. 17.2 Where legislation requires us to provide information to you on a durable medium, we will either send you an email (with or without attachment) or send you a notification pointing you to information on our mobile app in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. Do keep copies of all communications we send or make available to you. 18. GOVERNING LAW AND APPLICABLE LANGUAGE Our Terms are written in the English language which shall also be the language of the Contract. If this terms have translated into Mongolian and its meaning differs, the English version will prevail. Our Terms are governed by and shall be interpreted in accordance with Mongolian law. Any disputes between us relating to Our Terms and Conditions will be dealt with in the courts in Mongolia. Our Terms do not affect your statutory rights as a consumer, further details of which can be found by accessing the website of the Financial Regulatory Commission. 19. OTHER IMPORTANT TERMS 19.1 What happens if you owe us money. In the event you are liable for any amounts owed to us, we may send you the invoice referring the amount of money you owe to us. We reserve the right to collect your debt to us by using any payments received in your SENDLY Account and otherwise you agree to reimburse us through other means. We may also recover amounts you owe us through legal means, including, without limitation, through the use of a debt collection agency. 19.2 Nobody else has any rights under this Agreement. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end or make any changes to this Agreement. 19.3 If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 19.4 Even if we delay in enforcing this Agreement, we can still enforce it later. If we delay in asking you to do certain things or in taking action, it will not prevent us from taking steps against you at a later date. 20. COMPLAINTS If you have a complaint, contact Gyals Credit Customer Service, online; by phone (+976 70127700) or by email at contact@gcredit.mn.