Everest Express Terms and Conditions
These Terms and Conditions constitute the entire agreement (“Agreement”) between us (Everest Express, Everest Money Express) and you, the individual sender of the Service (“you” or “your”) and govern your use of the Service.
2. TRANSFER SERVICE
I. This Service allows you to transfer money to a person designated by you (the “Recipient”) to (i) collect in cash at a nominated third part location or (ii) receive into a bank account or other type of account which we may allow. We may apply limits to the amount you are able to send using the Service, and we’ll tell you if we do.
II. Use of the Service is subject to payment of the fee stated upfront. We will not charge you any other fee for the Transfer. Please note that in addition to the Fee, a currency exchange rate may also be applied.
III. We do not offer our services in all countries. You can call us, visit our website or contact us to find out the availability of our services and addresses and opening times of locations offering the services.
IV. The Service is for persons 18 years and over and residing in Australia. It may not be used for escrow or trust or gambling purposes, and may only be used for a lawful purpose. WE WILL NOT BE LIABLE IF YOU ASK US TO PAY A RECIPIENT AND YOU THEN CHANGE YOUR MIND AFTER THE RECIPIENT HAS BEEN PAID.
V. You must set up a “Profile” with us before you can use the Service. In order to do so, you must provide some personal information, a “User ID” (which is your email address or mobile number and is used as your unique identifier). You will also be required to send a copy of your valid identity document (Passport, Driving licence, Age card or Photo Card issued by legal authority).
VI. A Transfer made in conjunction with the initial application for a Profile will be delayed until your identity and payment have been fully verified by Everest Express.
VII. You agree to update your Profile if your email address or other contact information in your Profile have changed, before you make a Transfer. Contact us to update your information.
VIII. We may communicate with you electronically (eg. by email or via social media platform) unless we are required by law or regulatory requirements to communicate in another way.
IX. By completing your transaction details, or by sending transfer instructions and paying the Fee and Transfer amount, you are acknowledging that you (i) accept the terms of this Agreement, (ii) consent to the execution of the Transfer, (iii) agree to be bound by the terms and conditions relating to the Transfer (iv) confirm that the information you have provided is true and accurate in all respects and; (v) authorise us (or any one authorised by us) to take payment from your nominated method for the Transfer amount and Fee. If we cannot collect payment for the Transfer, or the payment is reversed, we will have no further liability to you under this Agreement.
X. After we receive your request to make a Transfer, we will confirm the Transfer and provide a reference number to you. You must call us if any of the information you provide changes before the Recipient collects or receives the money.
XI. We will report Transfers to government authorities if we are required to do so by law and we may refuse to provide the Service (in whole or part) if we reasonably believe that: (a) by doing so we might breach any Everest Express policy (including policies intended to prevent fraud, money laundering or terrorist financing) and/or break any applicable law, order of the court, regulation, code or other duty that applies to us or requirement of any regulatory or governmental authority, body or agency having jurisdiction over us; (b) doing so may expose us to action from any government or regulator; (c) it may be linked with fraudulent or illegal activity; or (d) we otherwise consider such action necessary to protect our interests. In each case we are only able to provide the reasons for a refusal if allowed by law.
XII. You cannot send a Transfer on behalf of a third party
3. CASH TRANSFERS
I. You are responsible for contacting the Recipient to advise them when the money will be ready for collection. Collection may only be made during the receive Agent’s opening hours and subject to local regulations.
II. To collect the funds in cash, the Recipient must provide all details about the money transfer required by us, including your name, country of origin, their name, Transfer amount and the relevant reference number given to you at the time of the Transfer (the “Collection Details”) or anytime after the transaction. The Recipient must also provide evidence of identity. The acceptable forms of evidence of identity differ depending on the country in which the Transfer is collected.
III. YOU MUST NOT GIVE ANY OF THE COLLECTION DETAILS (WHETHER OR NOT REDACTED) TO ANYONE OTHER THAN YOUR CHOSEN RECIPIENT. YOU MUST ALSO DO ALL YOU REASONABLY CAN TO ENSURE THAT NO ONE, OTHER THAN YOUR CHOSEN RECIPIENT, CAN OBTAIN THE COLLECTION DETAILS OR ANY PART OF THEM. IF YOU, DIRECTLY OR INDIRECTLY, DISCLOSE ANY COLLECTION DETAILS TO ANYONE OTHER THAN YOUR CHOSEN RECIPIENT THEN:
a. YOU CAN MAKE IT EASIER FOR SOMEONE TO IMPERSONATE THE RECIPIENT AND COLLECT THE TRANSFER IN THEIR PLACE; AND
b. WE WILL NOT BE LIABLE IF WE PAY THE MONEY TO SOMEONE (OTHER THAN THE RECIPIENT) WHO GIVES THE AGENT THE COLLECTION DETAILS AND WHAT THE AGENT REASONABLY BELIEVES TO BE VALID EVIDENCE OF IDENTIFICATION.
IV. EXPIRED TRANSFERS
I. If you ask us to make a cash Transfer and the Transfer amount has not been collected within 90 days, the Transfer becomes an “Expired Transfer”) and we have no obligation to execute an Expired Transfer.
II. If an Expired Transfer occurs, we will make necessary attempt to contact you so that you can arrange for a refund of the amount of the Expired Transfer. If you become aware that a transferred amount has not been collected please contact us immediately. We don’t guarantee refund in these instances.
5. ACCOUNT TRANSFERS
I. For account Transfers, we will send the money to the account specified by you. Banking practices may vary depending on the Recipient country. For more information on when a payment will be credited to such an account, you need to contact the Recipient’s account provider. The Recipient’s account provider may apply its own charges to the Transfer, which do not involve us.
VI. CANCELLATION AND REFUNDS
I. You do not have a right to cancel a Transfer. We may nevertheless be able to cancel it before the Recipient collects or receives the money. If you wish to cancel the Transfer and request a refund of the Transfer amount, you can call us, contact us via the Everest Express website or write to us. We aim to process such requests promptly but in any case within 30 days.
II. If the information you gave us about the Recipient was incorrect, and we made the Transfer based on that information, we will be deemed to have made the Transfer properly but we will still make reasonable efforts to recover the funds for you and, if you ask us to, we will provide you with available and relevant information to help you claim repayment of the funds.
III. If you believe a Transfer was not made properly or did not arrive, you must call or write to us as soon as you reasonably can to inquire into the status of the Transfer. We will not refund money to you under condition 6.II. If you unduly delayed telling us about the problem and in any event told us more than 15 days after sending the money. If you ask us to, we will immediately and without charge try to trace any Transfer which was not made properly or did not arrive and let you know the outcome of those investigations.
IV. You should regularly check for information about transfers on your bank account statements and on your profile and you must contact us at once if you need to query any transfer made through the service. If you call us we may ask you to follow up with details in writing within 10 working days.
7. CHARGES AND CURRENCY EXCHANGE
I. The financial institution that provides you with your debit or credit card may impose fees in connection with your payment for a Transfer. Fees imposed by your financial institution or by any other person not directly a party to the Transfer, such as the Recipient’s financial institution, will not be reflected on the breakdown of costs provided to you for your Transfer.
II. There are limits on the amount and currency of the money you are able to send. Your chosen currency, agreed exchange rate, and converted amount will be stated in the transaction summary.
I. WE HAVE NO OBLIGATION TO YOU TO INITIATE OR PERFORM A MONEY TRANSFER OR OTHER TRANSACTION AS PART OF THE SERVICE IF:
I. WE ARE UNABLE TO OBTAIN SATISFACTORY EVIDENCE OF YOUR IDENTITY;
II. WE HAVE REASON TO BELIEVE THAT THE INFORMATION IN THE DOCUMENTATION PROVIDED BY YOU IS INCORRECT, UNAUTHORISED OR FORGED; OR
III. YOU PROVIDE US WITH INCORRECT OR INCOMPLETE INFORMATION;
AND WE DO NOT ACCEPT ANY LIABILITY FOR DAMAGES RESULTING FROM NON-PAYMENT OR DELAY IN PAYMENT OF A MONEY TRANSFER TO A RECIPIENT OR FAILURE TO PERFORM A TRANSACTION UNDER THE SERVICE BY REASON OF ANY OF THESE MATTERS.
II. WE WILL NOT BE LIABLE TO YOU IF WE BREAK THIS AGREEMENT DUE TO: (I) ABNORMAL AND UNFORESEEABLE CIRCUMSTANCES OUTSIDE OUR CONTROL WHERE WE COULD NOT AVOID BREAKING THIS AGREEMENT DESPITE ALL EFFORTS TO THE CONTRARY – THIS MAY INCLUDE, FOR EXAMPLE, DELAYS OR FAILURES CAUSED BY INDUSTRIAL ACTION, PROBLEMS WITH ANOTHER SYSTEM OR NETWORK, MECHANICAL BREAKDOWN OR DATA-PROCESSING FAILURES; OR (II) OUR OBLIGATIONS UNDER LAW.
III. NOTHING IN THIS AGREEMENT LIMITS OUR LIABILITY FOR ACTING FRAUDULENTLY OR VERY CARELESSLY OR OTHERWISE EXCLUDES OR LIMITS OUR LIABILITY TO THE EXTENT THAT WE ARE UNABLE TO EXCLUDE OR LIMIT IT BY LAW.
9. DATA PROTECTION AND PRIVACY
By continuing with this transaction you consent to the collection, use, disclosure, and transfer (including cross-border transfer) of your personal information as described in our Privacy Notice, which is available on our website at https://everestmoneyexpress.com/privacy-policy-2/.
10. CUSTOMER SERVICE INFORMATION
16 The Boulevarde
Strathfield NSW 2135
11. GOVERNING LAW
Our Agreement with you is subject to the laws of the State of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of that State and any courts which have jurisdiction to hear appeals from such courts.